IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3377 of 2009()
1. BEJOY @ ABRAHAM, S/O. MATHEW,
... Petitioner
Vs
1. SIJI, W/O. BEJOY, D/O. KURIAN,
... Respondent
2. STATE OF KERALA, REPRESENTED BY THE
For Petitioner :SRI.P.I.GEORGEKUTTY
For Respondent :SRI.C.B.SREEKUMAR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :01/12/2009
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.NO. 3377 OF 2009
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Dated 1st December 2009
O R D E R
Petitioner is the accused and first
respondent, his wife, the de facto complainant in
C.C.624/2009 on the file of Judicial First Class
Magistrate, Vaikom, taken cognizance for the offence
under Section 498 A of Indian Penal Code on
Annexure-A final report. This petition is filed under
Section 482 of Code of Criminal Procedure to quash
the proceedings contending that entire matrimonial
disputes were settled amicably and in view of the
settlement, it is not in the interest of justice to
continue the prosecution.
2. First respondent appeared through a
counsel and filed an affidavit stating that when
proceedings were pending before Family court,
Ettumanoor there was conciliation proceedings and in
the conciliation entire matrimonial disputes were
settled amicably and in view of the settlement, first
respondent has no objection for quashing the
proceedings.
Crmc 3377/09
2
3. Learned counsel appearing for petitioner,
first respondent and learned Public Prosecutor were
heard.
4. Annexure-A final report establishes that
prosecution case is that petitioner demanding dowry
treated first respondent with cruelty and thereby
committed the offence under Section 498 A of Indian
Penal Code. Affidavit filed by first respondent,
along with Annexure-E judgment of Family court,
Ettumanoor in O.P.(Div) No.830/2009 establish that
there has been a complete settlement of all the
matrimonial disputes. As held by the Apex court in
B.S.Joshi and others v. State of Haryana and another
(2003(4) SCC 675) when there has been an amicable
settlement of the matrimonial disputes, it is not for
this court to stand on technicalities and continue the
prosecution as it is not in the interest of justice
especially when chances of a successful prosecution is
very bleak consequent to the settlement.
Petition is allowed. C.C.624/2009 on the file
of Judicial First Class Magistrate-I, Vaikom is quashed.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.