Jiji. B.S. vs State of Kerala, Station House Officer and Sandhya

M. Sasidharan Nambiar, J.—Petitioner is the accused husband and third Respondent the de facto complainant wife in C.C.423/2005 on the file of Judicial First Class Magistrate, Paravoor taken cognizance for the offence u/s 498A of Indian Penal Code on Annexure II final report. Petition is filed u/s 482 of Code of Criminal Procedure to quash th 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.

Third Respondent appeared through a counsel and filed a joint petition along with the Petitioner stating that entire matrimonial disputes were settled on mediation conducted by Family Court, Kollam and consequent to the settlement, third Respondent has no subsisting grievance against the Petitioner and in view of the settlement, there is no necessity to continue the prosecution and it is to be quashed.

Learned Counsel appearing for the Petitioner, third 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 matrimonial disputes are settled amicably, it is not in the interest of justice to continue the prosecution. Joint petition filed by the Petitioner and third Respondent establish that on mediation conducted by the Family Court, Kollam entire matrimonial disputes were settled amicably. In such circumstances, it is not in the interest of justice to continue the prosecution.

Petition is allowed. C.C.423/2005 on the file Crl.M.C.4648/2010 3 of Judicial First Class Magistrate Court, Paravoor is quashed.