Liju Rajanathan vs Anu and The Sub Inspector of Police

M. Sasidharan Nambiar, J.—Petitioner is the husband and first Respondent, the wife. They are respectively the accused and the de facto complainant in C.C. No. 1503/2010 on the file of Judicial First Class Magistrate''s Court, Irinjalakuda, taken cognizance for the offence u/s 498A of Indian Penal Code on Annexure-2 final report. 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 as it would only ruin the cordial relationship between the parties.

First 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.

Learned Counsel appearing for the Petitioner, first 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 first 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. 1053/2010 on the file of Judicial First Class Magistrate''s Court, Irinjalakuda is quashed.