IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 2697 of 2009()
1. BINU, AGED 36 YEARS, S/O.SCARIA,
... Petitioner
2. GRACY SCARIA, AGED 70 YEARS,
3. P.S.SCARIA, AGED 70 YEARS,
Vs
1. STATE OF KERALA,
... Respondent
2. SHIBI, W/O.BINU, AGED 30 YEARS,
For Petitioner :SRI.AJITH MURALI
For Respondent :SRI.P.V.DILEEP
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :27/08/2009
O R D E R
M.Sasidharan Nambiar, J.
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Crl.M.C.No.2697 of 2009
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ORDER
Petitioners are the accused in Crime No.
559/2009 of Chengannur Police Station, registered
for the offence under Section 498A read with
Section 34 of Indian Penal Code. Second respondent
is the defacto complainant and wife of the first
petitioner. Petitioners 2 and 3 are the parents of
the first petitioner. This petition is filed under
Section 482 of Code of Criminal Procedure to quash
Annexure-A FIR and the further proceedings
contending that the entire dispute between the
petitioners and second respondent were settled and
second respondent is now living with the first
petitioner cordially and in such circumstances, it
is not necessary to proceed with the case further.
2.Second respondent appeared through a counsel.
Crl.M.Appl.No.4609/2009 is jointly filed by the
petitioners and second respondent stating that the
CRMC 2697/09 2
entire disputes were amicably settled and second
respondent is now living with the petitioners and
in view of the settlement and to maintain harmony
in the matrimonial life, it is necessary to quash
the proceedings.
3.Learned counsel appearing for the petitioners
and second respondent and learned Public Prosecutor
were heard.
4.Learned Public Prosecutor also submitted that
statement of the second respondent recorded
subsequently would reveal that she is now living
with the first petitioner and there was a complete
settlement of the disputes.
5. When the offences alleged against the
petitioners are matrimonial offences and the joint
petition filed by the petitioners and second
respondent establishes that there was a settlement
of the matrimonial disputes, as held by the Apex
Court in B.S.Joshi v. State of Haryana ((2003) 4
SCC 675), it is not in the interest of justice to
CRMC 2697/09 3
stand on technicalities and jeo pardise the
settlement arrived at between the parties in
matrimonial life. In such circumstances, in the
interest of justice, the case is to be quashed.
Petition is allowed. Annexure-A FIR in Crime
No.559/2009 of Chengannur Police Station and the
further proceedings are quashed.
27th August, 2009 (M.Sasidharan Nambiar, Judge)
tkv