IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 833 of 2010()
1. ANSAR, SON OF ALIYAR,
... Petitioner
2. BEEVATHU, WIFE OF ALIYAR,
3. ALIYAR, SON OF KUTTI HAJI, AGED 62
4. ANWAR, SON OF ALIYAR,
Vs
1. STATE OF KERALA REP. BY PUBLIC
... Respondent
2. FABEENA, WIFE OF ANSAR,
For Petitioner :SRI.P.M.ZIRAJ
For Respondent :SRI.JOSE MATHEW (PALACHUVADU)
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :10/03/2010
O R D E R
M.SASIDHARAN NAMBIAR, J.
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CRL.M.C. No. 833 OF 2010
--------------------------
Dated this the 10th day of March, 2010
O R D E R
Petitioners are the accused and second respondent, the de
facto complainant in Crime No.2824 of 2008 of Aluva Police Station
registered for the offence under Section 498 A on Annexure-AI first
information report. Petition is filed under Section 482 of Code of
Criminal Procedure to quash the first information report contending
that entire matrimonial disputes were amicably settled and in such
circumstances, it is not in the interest of Justice to continue the
prosecution.
2. The second respondent appeared through a counsel and
filed an affidavit stating that the entire matrimonial disputes were
settled amicably and consequent to the settlement, she has no
grievance against the petitioners and she has no objection for
quashing the proceedings.
3 Learned counsel appearing for the petitioners, second
respondent and learned Public Prosecutor were heard.
4. The affidavit filed by second respondent wife establishes
that the entire matrimonial disputes were settled amicably and
Crl.M.C. No.833/2010
2
consequent to the settlement second respondent has no subsisting
grievance against the petitioners.
5. 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
stand on technicalities and continue the prosecution
Petition is allowed. Annexure-A1 first information report in
Crime No.2824 of 2008 of Aluva Police Station is quashed.
M.SASIDHARAN NAMBIAR
(JUDGE)
vps
Crl.M.C. No.833/2010
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