IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4064 of 2010()
1. JOSE, S/O.FRANCIS, AGED 40 YEARS,
... Petitioner
Vs
1. STATE,
... Respondent
2. MARY JOSE, D/O.ANTHONY, AGED 36 YEARS,
For Petitioner :SRI.M.SHAJU PURUSHOTHAMAN
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :06/10/2010
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.NO.4064 OF 2010
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Dated 6th October, 2010
O R D E R
Petitioner, the accused in
C.C.1473/2008 on the file of Judicial First
Class Magistrate’s Court, Chalakkudy taken
cognizance for the offence under Section
498 A of Indian Penal Code filed this
petition under Section 482 of Code of
Criminal Procedure to quash the proceedings
before the learned Magistrate contending
that entire matrimonial disputes with the
second respondent, were settled amicably
and consequent to the settlement, it is not
in the interest of justice to continue the
proceedings.
2. Second respondent appeared
through a counsel and filed an affidavit
Crmc 4064/10
2
stating that second respondent and her husband,
the petitioner, settled all the disputes
amicably and they are now living together and
in such circumstances, it is not in the
interest of justice to continue the prosecution.
3. Learned counsel appearing for the
petitioner, second respondent and learned
Public Prosecutor were heard.
4. Case was registered based on
Annexure-a complaint filed by the second
respondent before Judicial First Class
Magistrate, Chalakkudy and sent for
investigation under Section 156(3) of Code of
Criminal Procedure. Affidavit filed by the
second respondent wife establishes that she has
settled all the matrimonial disputes with the
petitioner and they are now living together.
As held by the Apex Court in B.S.Joshi and
Crmc 4064/10
3
others v. State of Haryana and another (2003
(4) SCC 675) when matrimonial disputes are
settled amicably and the husband and wife are
living together under one roof, it is not in
the interest of justice to stand on
technicalities and continue the proceedings.
Petition is allowed. C.C.1473/2008 on
the file of Judicial First Class Magistrate’s
Court, Chalakkudy is quashed.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.