K.V.Mani vs State Of Kerala on 16 November, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 4551 of 2010()


1. K.V.MANI, AGED 28 YEARS, S/O.LATE
                      ...  Petitioner
2. LEELA, AGED 56 YEARS,
3. SARITHA, AGED 35 YEARS,

                        Vs



1. STATE OF KERALA, REPRESENTING S.I. OF
                       ...       Respondent

2. K.SAJITHA, AGED 27 YEARS,

                For Petitioner  :SRI.S.JIJI

                For Respondent  :SMT.LISHA.M.G.

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :16/11/2010

 O R D E R
                    M.SASIDHARAN NAMBIAR, J.
            --------------------------------------------------------
                       Crl.M.C No.4551 OF 2010
           ---------------------------------------------------------
           Dated this the 16th day of November, 2010.

                                 O R D E R

Petitioners are the accused and second respondent the de

facto complainant in C.C. No.716 of 2008 on the file of Judicial

First Class Magistrate Court, Kasaragod taken cognizance for the

offences under Sections 323 and 498(A) of Indian Penal Code, on

Annexure-I final report submitted by Sub Inspector of Police

Kumbala Police station. Petition is filed under Section 482 of code

of Criminal Procedure to quash the proceedings contending that

entire matrimonial disputes were settled amicably and, therefore,

it is not in the interest of justice to continue the prosecution.

2. Second respondent appeared through a counsel and filed

an affidavit stating that entire matrimonial disputes were settled

amicably and consequent to the settlement, she does not intend

to continue the prosecution and, therefore, she has no objection

for quashing the proceedings.

3. Learned counsel appearing for petitioners, second

respondent and learned Public Prosecutor were heard.

4. The first petitioner and second respondent are husband

and wife. The affidavit filed by the second respondent establishes

that she has settled all the matrimonial disputes. As held by the

Crl.M.C No.4551 OF 2010 2

Apex Court in B.S Joshi and others v. State of Haryana and

another (2003 (4) SCC 675) when matrimonial disputes settled

amicably, it is not in the interest of justice to continue the

prosecution.

Petition is allowed. C.C.No. 716 of 2010 on the file of Judicial

First Class Magistrate Court, Kasaragod, is quashed.

M.SASIDHARAN NAMBIAR, JUDGE.

mns