IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3802 of 2010()
1. BIJU K.JOSE, S/O. JOSE,
... Petitioner
Vs
1. SHYBI, AGED 30 YEARS, D/O. PHILIP,
... Respondent
2. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.RAJESH CHAKYAT
For Respondent :SRI.S.A. SAJU
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :24/09/2010
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.No. 3802 OF 2010
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Dated this the 24th day of September,2010
ORDER
Petitioner the husband is the accused and
first respondent his wife is the de facto
complainant in C.C.1080/2008 on the file of
Judicial First Class Magistrate Court,
Malappuram taken cognizance for the offences
under sections 498A, 323 and 406 read with
section 34 of Indian Penal Code on Annxure 2
final report submitted by the Sub Inspector of
Police, Vazhakadu in Crime No.211/2008. The
crime was registered based on a complaint
filed by the first respondent before Judicial
First Class Magistrate, Malappuram and sent for
investigation under section 156(3) of Code of
Criminal Procedure. This petition is filed
under section 482 of Code of Criminal Procedure
to quash the cognizance taken contending that
Crl.M.C.3802/2010 2
entire matrimonial disputes were settled amicably
with the first respondent and in view of the
decision of the Apex Court in B.S. Joshi and others
v. State of Haryana and another (2003) 4 SCC 675),
it is not in the interest of justice to continue
the prosecution.
2. First respondent appeared through a counsel
and filed a joint statement with the petitioner
stating that entire matrimonial disputes were
settled before this Court in the Adalat and
consequent to the settlement, first respondent has
no grievance against the petitioner and therefore
the proceedings pending before the learned
magistrate is to be quashed. Learned counsel
appearing for the petitioner also made available
copy of the award passed by the High Court
Permanent Lok Adalat settling the matrimonial
disputes wherein it was agreed by the parties to
compound the offences involved in C.C.1080/2008.
3. Learned counsel appearing for the
petitioner, first respondent and learned Public
Crl.M.C.3802/2010 3
Prosecutor were heard.
4. As held by the Apex Court in B.S. Joshi’s
case (supra) when matrimonial disputes are settled
between the husband and wife, it is not in the
interest of justice to stand on technicalities and
proceed with the case. The joint statement filed
by the petitioner and first respondent establishes
that entire matrimonial disputes were settled
before this court in the Adalat and consequent to
the settlement first respondent has no subsisting
grievance against petitioner. In view of the
settlement, there is no likelihood of a successful
prosecution. In such circumstances, it is not in
the interest of justice to stand on technicalities
and continue the prosecution.
Petition is allowed. C.C. No.1080/2008 on the
file of Judicial First Class Magistrate’s Court,
Malappuram is quashed.
M.SASIDHARAN NAMBIAR
JUDGE
tpl/-
M.SASIDHARAN NAMBIAR, J.
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W.P.(C).NO. /06
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JUDGMENT
SEPTEMBER,2006