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Judgment
M. Sasidharan Nambiar, J.—Petitioners are the accused and second Respondent, the de facto complainant in C.C. No. 1052/2008 on the file of Judicial First Class Magistrate''s Court, Perumbavoor, taken cognizance for the offence u/s 498A read with Section 34 of Indian Penal Code on Annexure-AI final report. First Petitioner is the husband and second Respondent, the wife. Second Petitioner is the brother of the first Petitioner. This petition is filed u/s 482 of Code of Criminal Procedure to quash the proceedings contending that entire matrimonial disputes were settled amicably and consequent to the settlement, it is not in the interest of justice to continue the prosecution.
Second Respondent appeared through a counsel and filed an affidavit stating that entire matrimonial disputes were settled amicably and consequent to the settlement, it is not in the interest of justice to continue the prosecution as it would only cause difficulty to the cordial relationship between the parties and therefore, the proceedings is to be quashed.
Learned Counsel appearing for the Petitioner, second Respondent and learned Public Prosecutor were heard.
As held by the Apex Court in B.S. Joshi and Others Vs. State of Haryana and Another, , when the matrimonial disputes are settled amicably, it is not in the interest of justice to stand on technicalities and continue the prosecution. The affidavit filed by the second Respondent wife establishes that she has settled all the matrimonial disputes with the Petitioner. In such circumstances, it is not in the interest of justice to continue the prosecution.
Petition is allowed C.C. No. 1052/2008 on the file of Judicial First Class Magistrate''s Court, Perumbavoor is quashed.