IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 30TH JULY 2009 / 8TH SRAVANA 1931 Crl.MC.No. 2210 of 2009() ----------------------------------- CC.56/2009 of CHIEF JUDICIAL MAGISTRATE COURT, PALAKKAD. CRIME NO.220/2008 OF TOWN NORTH POLICE STATION, PALAKKAD. .................... PETITIONERS/ACCUSED NOS.1 TO 6: ---------------------------------------------------- 1. K. JAYAKUMAR, S/O. GOPALAKRISHNAN NAMBIAR, AGED 36 YEARS, 4/504 RAJALAKSHMI NILAYAM, AMBALAKKAD, KALLEPULLY, PALAKKAD. 2. GOPALAKRISHNAN NAMBIAR, S/O. GOVINDAN NAIR, AGED 70 YEARS, RAJALAKSHMI NILAYAM, AMBALAKKAD, KALLEPULLY, PALAKKAD. 3. KOMALAM, W/O. GOPALAKRISHNAN NAMBIAR, AGED 60 YEARS, RAJALAKSHMI NILAYAM, AMABALAKKAD, KALLEPULLY, PALAKKAD. 4. SUSYHAMA, W/O. RJAGOPALAN, AGED 28 YEARS, SAI KRIPA, THIRUNELLAI, PIRAYIRI AMSOM, PALAKKAD. 5. JAYAPRABHA, W/O. RAMESH, AGED 30 YEARS, RESIDING AT NO.97, KRISHNAMACHIRI NAGAR, CHENNAI -6. 6. C. RAMESH, S/O.K.A. KUTTY, AGED 35 YEARS, RESIDING AT NO.97, KRISHNAMACHIRI NAGAR, CHENNAI-6. BY ADV. MR.BINOY VASUDEVAN MR.R.MANIKANTAN RESPONDENTS/STATE/COMPLAINANT: ------------------------------------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, TOWN NORTH POLICE STATION, PALAKKAD. Crl.MC.No. 2210 of 2009 3. ANITHA, W/O. JAYAKUMAR, AGED ABOVE 32 YEARS, RESIDING AT 4/504, AMBALAKKAD, KALLEPULLY, PALAKKAD. R1 & R2 BY PUBLIC PROSECUTOR MR.B. VINOD. R3 BY ADV. SMT.P.G.BABITHA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2210 of 2009 -------------------------- ORDER Petitioners are the accused in C.C.No.56/2009 on the file of Chief Judicial Magistrate's Court, Palakkad. Third respondent is the defacto complainant and wife of the first petitioner. Petitioners 2 and 3 are his parents and petitioners 4 and 5 are the sisters and sixth petitioner is the husband of the fifth petitioner. The case as against the petitioners is that they committed offence under Section 498A of Indian Penal Code. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that the matrimonial disputes with the petitioners and third respondent were amicably settled and first petitioner and third respondent are now living together and for peaceful matrimonial harmony, continuation of the proceedings would cause impediment and therefore, CRMC 2210/09 2 in the interest of justice, the case is to be quashed. 2. Third respondent appeared through a counsel and jointly filed Crl.M.Appl.No.3788/2009 seeking an order to quash the proceedings contending that consequent to the settlement, third respondent is living with the first petitioner and therefore, she has no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioners and third respondent and learned Public Prosecutor were heard. 4. The joint petition filed by the third respondent along with the petitioners establishes that the matrimonial disputes between the first petitioner and third respondent were amicably settled and they are now living together and in such circumstances, it is not, in the interest of justice, to continue the proceedings. As held by the Apex Court in B.S.Joshi v. State of Haryana ((2003) 4 SCC 675) when the matrimonial dispute is CRMC 2210/09 3 settled and the husband and wife are living together, technicalities shall not stand in the way and in such circumstances, it is not, in the interest of justice, to continue the proceedings. Petition is allowed. C.C.No.56/2009 on the file of Chief Judicial Magistrate's Court, Palakkad as against the petitioners is quashed. 30th July, 2009 (M.Sasidharan Nambiar, Judge) tkv