Unnikrishanan K.R. vs Station House Officer on 9 September, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 3746 of 2010()


1. UNNIKRISHANAN K.R.,S/O.LATE N.RAJAN NAIR
                      ...  Petitioner
2. AMBUJAKSHI AMMA,
3. THAKAMANI K.B.,

                        Vs



1. STATION HOUSE OFFICER,PALACE POLICE
                       ...       Respondent

                For Petitioner  :SRI.GRASHIOUS KURIAKOSE

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :09/09/2010

 O R D E R
            M.SASIDHARAN NAMBIAR,J.
          ===========================
          CRL.M.C.No. 3746   OF 2010
          ===========================

   Dated this the 9th day of September,2010

                     ORDER

First petitioner is the husband. Second

petitioner is the mother and third petitioner

the wife the first petitioner. Petitioners 1

and 2 are the accused and third petitioner the

de facto complainant in C.C.2263/2005 on the

file of Additional Chief Judicial Magistrate’s

Court, Ernakulam taken cognizance for the

offence under section 498A on Annexure I final

report. Petition is jointly filed by the

petitioners and the de facto complainant

contending that the entire matrimonial disputes

were settled amicably and there is no

subsisting dispute between them and consequent

to the settlement, it is not in the interest of

justice to continue the prosecution.

2. Learned counsel appearing for the

Crl.M.C.3746/2010 2

petitioners and learned Public Prosecutor were

heard.

3. The case against petitioners 1 and 2 is

that they committed the offence under section 498A

of Indian Penal Code by treating third petitioner

wife of the first petitioner with cruelty. The

joint petition filed by the accused and the de

facto complainant establishes that the entire

matrimonial disputes were settled amicably. 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 continue the

prosecution. In such circumstances, petition is

allowed. C.C.2263/2005 on the file of Additional

Chief Judicial Magistrate, Ernakulam is quashed.

M.SASIDHARAN NAMBIAR
JUDGE
tpl/-

M.SASIDHARAN NAMBIAR, J.

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

———————

JUDGMENT

SEPTEMBER,2006