IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4465 of 2010()
1. FOUSIYA, AGED 30 YEARS,
... Petitioner
2. MOHAMMED ASPAK @ ASHRAFF, AGED 33 YEARS,
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.S.JIJI
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :10/11/2010
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.NO.4465 OF 2010
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Dated 10th November, 2010
O R D E R
First petitioner, de facto
complainant is the wife and second petitioner,
her husband is the accused in Crime No.251/2010
of Adhur Police Station registered for the
offences under Sections 498 A and 323 of Indian
Penal Code on Annexure-A2 FIR, based on
Annexure-A1 complaint filed by the first
petitioner before Judicial First Class
Magistrate’s Court-I, Kasargod and sent for
investigation under Section 156(3) of Code of
Criminal Procedure. Petition is filed under
Section 482 of Code of Criminal Procedure
jointly by the husband and wife stating that
they have amicably settled all the disputes
and are now they are living together and
Crmc 4465/10
2
leading a peaceful marital life and it is not
in the interest of justice to continue the
prosecution.
2. Learned counsel appearing for the
petitioners and learned Public Prosecutor were
heard.
3. 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 between the
husband and the wife and they are living
cordially under one roof, it is not in the
interest of justice to continue the prosecution.
Petition is allowed. Crime No.251/2010
of Adhur Police Station is quashed.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.