IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 933 of 2009()
1. BIJU.K, AGED 32 YEARS, S/O.KRISHNAN
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. SIVASANKARA PILLAI, AGED 56 YEARS,
3. VASANTHA KUMARI, AGED 53 YEARS,
For Petitioner :SRI.BIMAL K.NATH
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :24/03/2009
O R D E R
M.N. KRISHNAN, J.
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CRL.M.C. NO. 933 OF 2009
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Dated this the 24th day of March, 2009.
O R D E R
This petition is filed with a prayer to quash all further
proceedings in C.C.911/05 pending before the Judicial First
Class Magistrate-I, Kollam. It is an application filed by the
defacto complainant to quash the proceedings. The defacto
complainant initiated proceedings against his father-in-law
and mother-in-law u/Ss. 452, 341, 323, 324, 403, 406 r/w
S.34 IPC. The dispute started with respect to a car and now
the defacto complainant has moved this Court and he has
already filed an affidavit wherein it is specifically stated that
he does not want to proceed with the case in view of
expecting a peaceful life in future. He wants to put his house
in an order and therefore requests the Court to quash the
proceedings initiated against his father-in-law and mother-in-
law. One of the offences is a non-compoundable offence u/s
452 IPC. The peaceful atmosphere of a family depends upon
the cordiality that exists between the families and especially
Crl.M.C. 933 OF 2009
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the relationship between the in-laws and the son-in-law has
got a bearing. Now after due diligence the defacto
complainant does not want to prosecute the proceedings in
order to make the life peaceful. In Joshi’s case(B.S. Joshi
v. State of Haryana (2003 (4) SCC 675) also the Hon’ble
Supreme Court has held that the Court has to give special
consideration for settling the matrimonial disputes. Here the
settlement of the dispute will result in preventing a
matrimonial dispute. Therefore invoking the power u/s 482
Cr.P.C. I quash all further proceedings in C.C.911/05 of
Judicial First Class Magistrate-I, Kollam and therefore this
Crl.M.C is allowed.
M.N. KRISHNAN, JUDGE.
ul/-