High Court Kerala High Court

Ashraf vs State Of Kerala on 4 November, 2009

Kerala High Court
Ashraf vs State Of Kerala on 4 November, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 3529 of 2009()


1. ASHRAF, S/O.MUHAMMED
                      ...  Petitioner

                        Vs



1. STATE OF KERALA
                       ...       Respondent

2. SHAREENA D/O. MUHAMMED, AGED 30 YEARS

                For Petitioner  :SRI.P.K.VARGHESE

                For Respondent  :SRI.M.R.VIBIN

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :04/11/2009

 O R D E R
              M.SASIDHARAN NAMBIAR,J.
           ===========================
            CRL.M.C.No. 3529      OF 2009
           ===========================

     Dated this the 4th day of November,2009

                        ORDER

Petitioner is the accused and second respondent

the de facto complainant in C.C.209/2009 on the file of

Chief Judicial Magistrate Court, Kalpetta taken

cognizance for the offence under section 498A, 342, 365

of Indian Penal Code. Second respondent was the wife

of the first petitioner. Prosecution case is that their

marriage was on 12.10.1997 and while they were living

as husband and wife, petitioner was treated with

cruelty physically and mentally and on failure of the

second respondent to pay dowry as demanded petitioner

abducted Muhsina their eldest daughter from the hands

of the second respondent and thereafter kept the child

in his custody illegally without properly giving food

and thereby committed the offences. This petition is

filed under section 482 of Code of Criminal Procedure

to quash the proceedings contending that subsequently

entire matrimonial disputes were settled between

petitioner and second respondent and the marriage was

also dissolved and all liabilities were discharged and

Crl.M.C.3529/2009 2

in such circumstances, it is not in the interest of justice

to continue the prosecution.

2. Second respondent appeared through a counsel and

filed Annexure II affidavit to the effect that entire

matrimonial disputes were settled and as per the mediation

the matrimonial relationship was dissolved and second

respondent has no grievance against the petitioner and she

has no objection for quashing the proceedings.

3. Learned counsel appearing for the petitioner,

second respondent and the learned Public Prosecutor were

heard.

4. The affidavit filed by the second respondent

establish that there was a complete settlement of all the

matrimonial disputes between the petitioner husband and

second respondent wife. In view of the settlement even if

petitioner is to be tried, there is no likelihood of a

successful prosecution. 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, it is not in

the interest of justice to stand on technicalities and

continue the prosecution. In such circumstances, it is not

in the interest of justice to continue the prosecution.

Petition is allowed. C.C.209/2009 on the file of Chief

Judicial Magistrate Court, Kalpetta is quashed.

M.SASIDHARAN NAMBIAR
JUDGE
tpl/-

Crl.M.C.3529/2009    3

M.SASIDHARAN NAMBIAR, J.




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      W.P.(C).NO. /06
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         JUDGMENT




     SEPTEMBER,2006