IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3761 of 2010()
1. ANITHA,AGED YEARS,D/O.P.K,KRISHNAN,
... Petitioner
Vs
1. P.K.RAJEEVAN,AGED YEARS,
... Respondent
2. STATE OF KERALA,REPRESENTED BY STATION
For Petitioner :SRI.MANJERI SUNDERRAJ
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :13/09/2010
O R D E R
M.Sasidharan Nambiar, J.
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Crl.M.C.No.3761 of 2010
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ORDER
Petitioner is the defacto complainant in C.C.
No.169/2009 on the file of Judicial First Class
Magistrate’s Court, Kunnamangalam, taken cognizance
for the offences under Sections 406 and 498A read
with Section 34 of Indian Penal Code. Originally,
petitioner was the first accused in C.C.No.
384/2007. As petitioner was absconding, second
accused was tried and by Annexure-3 judgment,
second accused was acquitted. Annexure-3 judgment
shows that when the second accused was tried, it
was reported that matter has been settled. This
petition is filed by the defacto complainant
herself to quash the case now pending against her,
which was refiled when the second accused was
tried, contending that entire matrimonial disputes
between the parties were settled amicably.
CRMC 3761/10 2
2. As held by the Apex Court in B.S.Joshi v.
State of Haryana ((2003) 4 SCC 675), when the
matrimonial disputes were settled amicably between
husband and wife, it is not in the interest of
justice to continue the prosecution.
Petition is allowed. C.C.No.169/2009 on the
file of Judicial First Class Magistrate’s Court,
Kunnamangalam is quashed.
13th September, 2010 (M.Sasidharan Nambiar, Judge)
tkv