Binu And Others vs Seena And Another on 12 November, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 4503 of 2010()



1. BINU AND OTHERS
                      ...  Petitioner

                        Vs

1. SEENA AND ANOTHER
                       ...       Respondent

                For Petitioner  :SRI.K.S.HARIHARAPUTHRAN

                For Respondent  :SRI.SURIN GEORGE IPE

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :12/11/2010

 O R D E R
            M.SASIDHARAN NAMBIAR,J.
          ===========================
          CRL.M.C.No. 4503   OF 2010
          ===========================

   Dated this the 12th day of November,2010

                     ORDER

First petitioner is the husband and first

respondent his wife. Petitioners 2 and 3 are

the parents of the first petitioner.

Petitioners are the accused and first

respondent the de facto complainant in

C.C.136/2007 on the file of Judicial First

Class Magistrate’s Court, Kattapana taken

cognizance for the offences under section 323,

354, 506(ii) and 498A read with section 34 of

Indian Penal Code on Annexure A1 complaint

filed by the first respondent. Petition is

filed under section 482 of Code of Criminal

Procedure to quash the proceedings contending

that entire disputes were amicably settled.

2. First respondent appeared through a

counsel and filed an affidavit stating that she

Crl.M.C.4503/2010 2

has settled all the disputes with the petitioners

and therefore she has no objection for quashing the

proceedings.

3. Learned counsel appearing for the

petitioners and first respondent were heard.

4. The affidavit filed by the first respondent

establishes that entire matrimonial and other

disputes with the petitioners were settled

amicably. As held by the Apex Court in B.S. Joshi

and others v. State of Haryana and another (2003) 4

SCC 675) and Madan Mohan Abbot v. State of Punjab

(2008(3) KLT 19)when matrimonial disputes and other

offences which are purely personal in nature were

settled amicably, it is not in the interest of

justice to continue the prosecution.

Petition is allowed. Cognizance taken by

Judicial First Class Magistrate, Kattapana on

Annexure A1 complaint in C.C.136/2007 is quashed.

M.SASIDHARAN NAMBIAR
JUDGE
tpl/-

M.SASIDHARAN NAMBIAR, J.

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

———————

JUDGMENT

SEPTEMBER,2006