High Court Kerala High Court

M.M.Krishnankutty vs State Of Kerala on 4 November, 2009

Kerala High Court
M.M.Krishnankutty vs State Of Kerala on 4 November, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 3238 of 2009()


1. M.M.KRISHNANKUTTY, AGED 45 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP. BY STATION HOUSE
                       ...       Respondent

2. SINDHU, AGED    YEARS,

                For Petitioner  :SRI.MANJERI SUNDERRAJ

                For Respondent  :SRI.SHAJI M.V.

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :04/11/2009

 O R D E R
              M.SASIDHARAN NAMBIAR,J.

              ------------------------------------------
               CRL.M.C.NO.3238 OF 2009
              ------------------------------------------

               Dated      4th November 2009


                           O R D E R

Petitioner is the accused and second

respondent, the de facto complainant in C.C.278/2006

on the file of Judicial First Class Magistrate-V,

Kozhikode taken cognizance for the offence under

Section 498 A of Indian Penal Code. This petition is

filed under Section 482 of Code of Criminal Procedure

to quash the proceedings contending that entire

matrimonial disputes were settled between the parties

and Annexure-3 agreement was entered into before the

Lok Adalath and in such circumstances, it is not in

the interest of justice to proceed with the case.

2. Second respondent appeared through a

counsel and filed Crl.M.A.6083/2009 jointly with

petitioner stating that following mediation efforts by

this court and Lok Adalath, all disputes between

petitioner and second respondent were finally settled

under Annexures-1 and 2 and in view of the settlement

the case is to be quashed.

Crmc 3238/09
2

3. Learned counsel appearing for the

petitioner, second respondent and learned Public

Prosecutor were heard.

4. When matrimonial disputes were settled

between the parties, as evidenced by the joint

statement filed by petitioner husband and second

respondent wife as well as by Annexures-1 and 2

settlements arrived at by the parties ,it is not in the

interest of justice to continue the prosecution as held

by the Apex court in B.S.Joshi and others v. State of

Haryana and another (2003(4) SCC 675).

In such circumstances, petition is allowed.

C.C.278/2006 on the file of Judicial First Class

Magistrate-V, Kozhikode is quashed.

M.SASIDHARAN NAMBIAR,
JUDGE.

uj.