IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 2907 of 2009()
1. SUHARABI, AGED 30 YEARS,
... Petitioner
2. SHOWKATH, S/O.MARAKKAR,
Vs
1. SUB INSPECTOR OF POLICE,
... Respondent
2. STATE OF KERALA,
For Petitioner :SRI.T.A.SHAIN
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :22/01/2010
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.No. 2907 OF 2009
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Dated this the 22nd day of January,2010
ORDER
First petitioner is the wife and second
petitioner the husband who are respectively the
de facto complainant and the accused in
C.C.810/2008 on the file of Judicial First
Class Magistrate Court-I, Manjeri. This
petition is filed under section 482 of Code of
Criminal Procedure to quash the proceedings
pending before the learned Magistrate
contending that as the matrimonial disputes
were settled amicably, they are now living
cordially together as husband and wife, it is
not in the interest of justice to continue the
prosecution.
2. Learned counsel appearing for the
petitioner and learned Public Prosecutor were
heard.
Crl.M.C.2907/2009 2
3. The prosecution case as against the second
petitioner, is that he treated the first
petitioner wife with cruelty. Apart from the joint
petition, filed by the petitioner wife and the
second petitioner husband, establishes that entire
matrimonial disputes were settled amicably and they
are now living together as husband and wife.
Learned Public Prosecutor also submitted that
statement recorded subsequently establishes that
petitioners are living together cordially.
4. As held by the Apex Court in B.S. Joshi v.
State of Haryana (2003) 4 SCC 675) when matrimonial
disputes are settled amicably, it is not in the
interest of justice to stand on technicalities and
continue the prosecution.
Petition is allowed. C.C.810/2008 on the file
of Judicial First Class Magistrate’s Court-I,
Manjeri is quashed.
M.SASIDHARAN NAMBIAR
JUDGE
tpl/-
M.SASIDHARAN NAMBIAR, J.
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W.P.(C).NO. /06
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JUDGMENT
SEPTEMBER,2006