IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 4TH NOVEMBER 2010 / 13TH KARTHIKA 1932 Crl.MC.No. 4424 of 2010() ------------------------- LPC.25/2009 of CHIEF JUDICIAL MAGISTRATE'S COURT, KASARAGOD .................... PETITIONER(S): DE-FACTO COMPLAINANT: ---------------------------------------------------------------- 1. A.M.SABIRA, D/O.MOHAMMEDKUNHI HAJI, W/O.SIRAJ A.K., AGED 25 YEARS, NISHAD MANZIL, KEL ROAD, CHOWKI, KUDLU VILLAGE, KASARAGOD. 2. SIRAJ A.K., AGED 31 YEARS, S/O.A.K.IBRAHIM, NISHAD MANZIL, KEL ROAD, CHOWKI, KUDLU VILLAGE, KASARAGOD. BY ADV. SRI.S.JIJI RESPONDENT(S): STATE: --------------------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE KASARAGOD POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. I.V.PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 4424 OF 2010 =========================== Dated this the 4th day of November,2010 ORDER First petitioner is the wife and second petitioner her husband. They are respectively the de facto complainant and the accused in L.P.25/2009, on the file of Chief Judicial Magistrate's Court, Kasaragod taken cognizance for the offences under sections 323 and 498A of Indian Penal Code. Petition is filed jointly by them stating that entire matrimonial disputes were settled amicably and consequent to the settlement, they are living together as husband and wife and in such circumstances, it is not in the interest of justice to continue the prosecution. 2. Learned counsel appearing for petitioners and learned Public Prosecutor were heard. Crl.M.C.4424/2010 2 3. As held by the Apex Court in B.S. Joshi and others v. State of Haryana and another (2003) 4 SCC 675) when matrimonial disputes are settled amicably between the husband and wife and they are living cordially together, it is not in the interest of justice to continue the prosecution. An offence under section 323 of Indian Penal Code is compoundable. Though an offence under section 498A is not compoundable, when the very joint petition filed by the husband and wife establish that they have settled all the matrimonial disputes and are living cordially, it is not in the interest of justice to continue the prosecution. Petition is allowed. L.P.25/2009 on the file Chief Judicial Magistrate Court, Kasaragod is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006