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Judgment
M. Sasidharan Nambiar, J.—Petitioners are the accused and second Respondent, the de facto complainant in C.C. No. 2091/2006 on the file of Judicial First Class Magistrate''s Court-I, Thiruvananthapuram on Annexure-B final report submitted in Crime No. 79/2006 of Karamana Police Station. That crime was registered based on Annexure-A complaint filed by the second Respondent before Judicial First Class Magistrate''s Court-I, Thiruvananthapuram and sent for investigation u/s 156(3) of Code of Criminal Procedure. This petition is filed u/s 482 of Code of Criminal Procedure contending that entire matrimonial disputes were settled amicably, evidenced by Annexure-C joint petition filed before this Court in Mat. Appeal No. 572/2010. In Annexure-C joint petition, second Respondent had declared that she will not prosecute the complaint in C.C. No. 2091/2006 and had undertaken to take appropriate steps to get the said case withdrawn.
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.
Learned Counsel appearing for the Petitioners, 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 continue the prosecution, standing on technicalities. Annexure-C joint petition filed before this Court in Mat. Appeal No. 572/2010 and the affidavit filed by the second Respondent establish that entire matrimonial disputes were settled amicably and consequently, it is not in the interest of justice to continue the prosecution.
Petition is allowed C.C. No. 2091/2006 on the file of Judicial First Class Magistrate''s Court-I, Thiruvananthapuram is quashed.