High Court Kerala High Court

Majeed vs The State Of Kerala on 27 July, 2009

Kerala High Court
Majeed vs The State Of Kerala on 27 July, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 2353 of 2009()


1. MAJEED, S/O. BEERAN, AGED 35 YEARS,
                      ...  Petitioner
2. NABEESA, W/O. BEERAN,
3. SALEENA, D/O. BEERAN,

                        Vs



1. THE STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. SABEENA M.J., D/O. JAFFAR, AGED 27 YRS,

                For Petitioner  :SRI.C.A.CHACKO

                For Respondent  :SRI.BENNY VARGHESE (THETTAYIL)

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :27/07/2009

 O R D E R
             M.Sasidharan Nambiar, J.
            --------------------------
              Crl.M.C.No.2353 of 2009
            --------------------------

                       ORDER

Petitioners are the accused in C.C.No.417/2009

on the file of Judicial First Class Magistrate’s

Court-I, Aluva. First petitioner is the husband and

second respondent, the wife. Petitioners 2 and 3

are the mother and sister of the first petitioner.

Case as against the petitioners is that they

committed an offence under Section 498A of Indian

Penal Code. This petition is filed under Section

482 of Code of Criminal Procedure to quash the

proceedings against them contending that

subsequently, there was a settlement of all the

disputes between the petitioners and second

respondent and they are now living together and in

such circumstances, it is not, in the interest of

justice, to continue the proceedings. Annexure-A3

affidavit of the second respondent is also filed,

along with the petition, to the effect that there

CRMC 2353/09 2

was a complete settlement of the disputes and along

with their two minor children, first petitioner and

second respondent are living under one roof.

2.Second respondent appeared through a counsel.

Learned counsel appearing for the petitioners,

second respondent and learned Public Prosecutor

were heard.

3. Submissions of the learned counsel appearing

for the petitioners and second respondent and

Annexure-A3 affidavit of the second respondent

establish that the matrimonial disputes between the

first petitioner and second respondent were

amicably settled and they are now living together

along with their minor children. In such

circumstances, it is not, in the interest of

justice, to stand on technicalities and jeo pardise

the matrimonial cordial atmosphere, as held by the

Apex Court in B.S.Joshi v. State of Haryana ((2003)

4 SCC 675). In view of the settlement of the

matrimonial disputes, when there is no possibility

of a conviction, it is not, in the interest of

CRMC 2353/09 3

justice, to proceed with the case.

Petition is allowed. C.C.No.417/2009 on the

file of Judicial First Class Magistrate’s Court-I,

Aluva as against the petitioners is quashed.

27th July, 2009 (M.Sasidharan Nambiar, Judge)
tkv