IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 27117 of 2009(Q)
1. REGIBY GEORGE,
... Petitioner
Vs
1. THE STATE OF KERALA, REP.BY PUBLIC
... Respondent
2. ANIL RODRIGUEZ,
3. MR.ANSALAM RODRIGUEZ,
4. DOLLY RODRIGUEZ,W/O.ANSALAM RORIGUEZ,
5. REENA RODRIGUES @ REENA JOSEPH,
For Petitioner :SMT.K.KUSUMAM
For Respondent :SRI.V.SUGATHAN
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :01/10/2009
O R D E R
M.Sasidharan Nambiar, J.
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W.P.(C)No.27117 of 2009 Q
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JUDGMENT
Based on Exhibit P1 complaint filed before
Judicial First Class Magistrate’s Court-I, Kollam,
which was sent for investigation under Section 156
(3) of Code of Criminal Procedure, under Exhibit P2
FIR, Crime No.88/2009 of Kilikolloor Police Station
was registered for the offences under Sections 420,
498A, 324 and 326 read with Section 34 of Indian
Penal Code. The very same defacto complainant filed
this petition under Section 482 of Code of Criminal
Procedure to quash Exhibit P2 FIR contending that
entire family disputes between the parties were
settled before Family Court, Kollam under Exhibit
P3 compromise petition filed in O.P.No.203/2009 and
in view of the settlement, she is not interested in
prosecuting the case against the accused further
and hence, it is to be quashed.
WOC 27117/09 2
2. Learned counsel appearing for the petitioner
and learned Public Prosecutor were heard.
3. When defacto complainant herself filed this
petition stating that entire matrimonial disputes
and pending litigations before Family Court were
settled between the parties and consequent to the
settlement, she has no grievance against the
accused and therefore, the case is to be quashed, I
find it not in the interest of justice to continue
the prosecution.
In such circumstances, petition is allowed.
Crime No.88/2009 of Kilikolloor Police Station,
registered under Exhibit P2 FIR based on Exhibit P1
complaint, is quashed.
1st October, 2009 (M.Sasidharan Nambiar, Judge)
tkv