High Court Kerala High Court

Anitha vs P.K.Rajeevan on 13 September, 2010

Kerala High Court
Anitha vs P.K.Rajeevan on 13 September, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 3761 of 2010()


1. ANITHA,AGED  YEARS,D/O.P.K,KRISHNAN,
                      ...  Petitioner

                        Vs



1. P.K.RAJEEVAN,AGED  YEARS,
                       ...       Respondent

2. STATE OF KERALA,REPRESENTED BY STATION

                For Petitioner  :SRI.MANJERI SUNDERRAJ

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :13/09/2010

 O R D E R
             M.Sasidharan Nambiar, J.
            --------------------------
              Crl.M.C.No.3761 of 2010
            --------------------------

                       ORDER

Petitioner is the defacto complainant in C.C.

No.169/2009 on the file of Judicial First Class

Magistrate’s Court, Kunnamangalam, taken cognizance

for the offences under Sections 406 and 498A read

with Section 34 of Indian Penal Code. Originally,

petitioner was the first accused in C.C.No.

384/2007. As petitioner was absconding, second

accused was tried and by Annexure-3 judgment,

second accused was acquitted. Annexure-3 judgment

shows that when the second accused was tried, it

was reported that matter has been settled. This

petition is filed by the defacto complainant

herself to quash the case now pending against her,

which was refiled when the second accused was

tried, contending that entire matrimonial disputes

between the parties were settled amicably.

CRMC 3761/10 2

2. As held by the Apex Court in B.S.Joshi v.

State of Haryana ((2003) 4 SCC 675), when the

matrimonial disputes were settled amicably between

husband and wife, it is not in the interest of

justice to continue the prosecution.

Petition is allowed. C.C.No.169/2009 on the

file of Judicial First Class Magistrate’s Court,

Kunnamangalam is quashed.

13th September, 2010 (M.Sasidharan Nambiar, Judge)
tkv