A M SABIRA Vs. STATE OF KERALA

JUDGEMENT

(1.) 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.

(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.