IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 852 of 2010()
1. KUSHI, SREEJA BHAVANAM,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. DEEPA, DAKSHINI HOUSE,
For Petitioner :SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
For Respondent :SRI.JACOB P.ALEX
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :11/03/2010
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.NO.852 OF 2010
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Dated 11th March 2010
O R D E R
Petitioner is the accused and
second respondent the de facto complainant
in C.C.671/2007 now pending as L.P.121/2009
on the file Judicial First Class
Magistrate-I, Chengannur. Second respondent
filed Annexure-1 complaint which was sent
for investigation under Section 156(3) and
crime No.186/2007 of Chengannur police
station, registered for the offences under
Section 498 A read with Section 34 of
Indian Penal Code on Annexure-2 final
report and Annexure-3 final report was
filed. Cognizance was taken for the offence
under Section 498 A against the petitioner.
Petition is filed under Section 482 of Code
Crmc 852/10
2
of Criminal Procedure to quash the proceedings
contending that entire matrimonial disputes
were settled amicably. Second respondent
appeared through a counsel and filed an
affidavit stating that entire matrimonial
disputes were settled and consequent to the
settlement, she has no subsisting grievance
against the petitioners and she has no
objection for quashing the proceedings.
2. Learned counsel appearing for the
petitioner, second respondent 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 were settled amicably, it is not in
the interest of justice to continue the
prosecution, standing on technicalities.
Crmc 852/10
3
Affidavit filed by the wife, second respondent,
establishes that entire matrimonial disputes
were settled amicably. In such circumstances,
it is not in the interest of justice to
continue the prosecution.
Petition is allowed. L.P.121/2009 on the
file of Judicial First Class Magistrate-I,
Chengannur is quashed.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.