IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3976 of 2009()
1. T.NISSAR,S/O.MUHAMMED KUNHI,
... Petitioner
2. MUHAMMED KUNHI, S/O.LATE ABDULLA,
3. T.AYISHA,W/O.MUJAMMED KUNHI,THAYAL
4. ABIDA,D/O.ABOOBACKER, THAVAKKAL VILLAGE,
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SMT.T.SUDHAMANI
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :09/12/2009
O R D E R
M.SASIDHARAN NAMBIAR J.
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CRL.M.C No. 3976 of 2009
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Dated this the 9th day of December, 2009.
O R D E R
Fourth petitioner is the wife of the first petitioner and
petitioners 2 and 3 are the parents of the first petitioner.
Petitioners 1 to 3 are the accused and the fourth petitioner the
defacto complainant in C.C.No.462 of 2009 on the file of the Judicial
Magistrate of First Class-I, Hosdurg. Petitioners jointly filed this
petition under Section 482 of the Code of Criminal Procedure to
quash the proceedings contending that entire matrimonial disputes
were settled amicably under Annexure II agreement and in view of
the settlement, it is not in the interest of justice to continue the
prosecution. Annexure III affidavit was also separately filed by the
fourth petitioner stating that entire matrimonial disputes were
settled amicably and she is now living with the other petitioners and
in such circumstances, the case is to be quashed.
2. The learned counsel appearing for the petitioner and
learned Public Prosecutor were heard.
3. Annexure I final report shows that the prosecution case
against petitioners 1 to 3 is that they committed offence under
CRL.M.C No. 3976 of 2009 2
Section 498A r/w. Section 34 IPC on the allegation that they treated
the fourth petitioner, wife of the first petitioner with cruelty and
thereby committed the offence. Annexure II agreement shows that
entire matrimonial disputes were settled. The affidavit filed by the
fourth petitioner establishes that the matrimonial disputes are
settled and she is now living with her husband amicably.
4. As held by the Apex Court in B.S.Joshi V. State of
Hariyana (2003(2) KLT 1062) when the matrimonial disputes are
settled amicably, it is not in the interest of justice to continue the
prosecution standing on technicalities as ultimately, consequent to
the settlement chances of a successful prosecution is very bleak. In
such circumstances the case can only be quashed.
This petition is allowed. C.C.No.462 of 2009 on the file of the
Judicial Magistrate of First Class-I, Hosdurg, is quashed.
Sd/-
M.SASIDHARAN NAMBIAR
JUDGE
//True Copy//
PA to Judge
ab