High Court Kerala High Court

Sujithkumar.M.S vs State Of Kerala Rep.By The Sub on 17 December, 2010

Kerala High Court
Sujithkumar.M.S vs State Of Kerala Rep.By The Sub on 17 December, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 4933 of 2010()


1. SUJITHKUMAR.M.S,S/O.T.K.SASI,
                      ...  Petitioner
2. T.K.SASI,S/O.KRISHEN,

                        Vs



1. STATE OF KERALA REP.BY THE SUB
                       ...       Respondent

2. SHEEBA.G.R, D/O.GOPALAN NAIR,KINARUVILLA

                For Petitioner  :SRI.V.V.SURESH

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :17/12/2010

 O R D E R
            M.SASIDHARAN NAMBIAR,J.
          ===========================
          CRL.M.C.No. 4933   OF 2010
          ===========================

   Dated this the 17th day of December,2010

                     ORDER

Petitioners are the accused and second

respondent the de facto complainant in Crime

902/2010 of Kottiyam Police Station registered

for the offences under sections 417, 420 and

498A read with section 34 of Indian Penal Code

on Annexure A1 F.I.R. First petitioner is the

husband and second respondent the wife.

Petition is filed under section 482 of Code of

Criminal Procedure to quash the F.I.R and

further proceedings contending that entire

disputes were settled in a mediation and under

Annexure A2 mediation settlement agreement

executed before this court, it was agreed to

settle crime 902/2010 also and in view of the

settlement, it is not in the interest of

justice to continue the prosecution.

Crl.M.C.4933/2010 2

2. Second respondent appeared through a

counsel and filed an affidavit stating that a

complaint was filed by her before Kottiyam Police

Station due to temperamental differences and

implied imputations based on which Crime 902/2010

was registered and now due to the settlement, in

the changed circumstances she is ready to withdraw

all the allegations against the petitioners and she

is not interested to proceed with the case further.

3. Learned counsel appearing for the

petitioners, second respondent and learned Public

Prosecutor were heard.

4. 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

it is not in the interest of justice to stand on

technicalities and continue the prosecution.

Annexure A2 mediation agreement with the affidavit

filed by the second respondent establishes that

entire matrimonial disputes were settled amicably.

In such circumstances, it is not in the interest of

Crl.M.C.4933/2010 3

justice to continue the prosecution.

Petition is allowed. Crime No.902/2010 of

Kottiyam Police Station registered under Annexure

A1 F.I.R is quashed.

M.SASIDHARAN NAMBIAR
JUDGE
tpl/-

M.SASIDHARAN NAMBIAR, J.

———————

W.P.(C).NO. /06

———————

JUDGMENT

SEPTEMBER,2006