IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4906 of 2010()
1. SHIBU MATHEW, S/O. MATHAI,
... Petitioner
Vs
1. ANU K.JOY,
... Respondent
2. SUB INSPECTOR OF POLICE,
3. STATE OF KERALA, REPRESENTED BY THE
For Petitioner :SRI.S.SUBHASH CHAND
For Respondent :SRI.V.V.SHAJI
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :23/12/2010
O R D E R
M.Sasidharan Nambiar, J.
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Crl.M.C.No.4906 of 2010
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ORDER
Petitioner is the accused and first respondent,
the injured defacto complainant, in C.P.No.51/2004,
now pending as L.P.No.193/2005, on the file of
Judicial First class Magistrate’s Court-I,
Pathanamthitta, taken cognizance for the offence
under Section 308 of Indian Penal Code on Annexure-
5 final report. Petitioner is the husband and first
respondent, the wife. 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 consequent to
the settlement, it is not in the interest of
justice to continue the prosecution. Annexure-3
order of Family Court, Thiruvalla in O.P.No.
381/2006, consequent to the settlement, is also
produced.
CRMC 4906/10 2
2. First respondent appeared through a counsel
and filed an affidavit stating that petitioner
married her on 11.6.2000 and a child was born on
10.6.2001 and while they were living together, the
marital relationship got strained which lead to
several litigations and subsequent to the
registration of the case, entire disputes were
settled and consequent to the settlement, she does
not intend to proceed with the case further and she
is not having any subsisting grievance against the
petitioner and in such circumstances, she has no
objection for quashing the proceedings.
3. Learned counsel appearing for the
petitioner, first respondent and learned Public
Prosecutor were heard.
4. Prosecution case, as is seen from Annexure-5
final report, is that on 12.3.2004 at about 8.30
p.m., petitioner inflicted injuries on the first
respondent with a knife and thereby committed the
offence. Affidavit filed by the first respondent
CRMC 4906/10 3
establishes that entire disputes were settled
amicably. The offences alleged against the
petitioner are purely personal in nature against
the first respondent. As held by the Apex Court in
Madan Mohan Abbot v. State of Punjab (2008 (3) KLT
19) and B.S.Joshi v. State of Haryana ((2003) 4 SCC
675), when the offences alleged are purely personal
in nature against the first respondent and first
respondent has settled all the disputes amicably,
it is not in the interest of justice to continue
the prosecution.
Petition is allowed. L.P.No.193/2005 on the
file of Judicial First Class Magistrate’s Court-I,
Pathanamthitta is quashed.
23rd December, 2010 (M.Sasidharan Nambiar, Judge)
tkv