IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 940 of 2009()
1. FIROS BABU, S/O.MOHAMED @ KUNHAPPU HAJI,
... Petitioner
2. KUNHIMOL, W/O.MOHAMED @ KUNHAPPU HAJI,
3. MOHAMED @ KUNHAPPU HAJI,
Vs
1. THE STATE OF KERALA,
... Respondent
2. ANEESHA, D/O.ASHRAF, ALFAS HOUSE,
For Petitioner :SRI.K.P.SUDHEER
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :11/03/2009
O R D E R
M.N. KRISHNAN, J
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CRL.M.C.No. 940 OF 2009
---------------------------------
Dated this the 11th day of March, 2009
O R D E R
This petition is filed to quash all further proceedings in
Crime No. 471/2008 of the Ponnani Police Station. The husband
and his men are alleged to have committed offences punishable
under Section 498 A and 406 r/w. Section 34 of the IPC. The
matter is now settled between the parties and they have decided
to live separately. The wife is also represented by a counsel who
admits that the matter has been settled. Now in the light of the
decision reported in B.S. Joshi and another Vs. State of
Haryana and another [2003 (4) SCC 675] the apex court
held that the settlement of matrimonial disputes should be
encouraged. The court has also held that one should not be
hyper technical so as to make the whole process
counterproductive. The court has also reminded that while
invoking power under Section 482 of the Crl.P.C, the High Court
is expected to see what will be the end result if the prosecution is
permitted to continue. Now the husband and wife have amicably
Crl.M.C. 940/2009
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settled the matter and they have decided to live separately and
they had chosen to have a better harmonious and calm
atmosphere, thereby putting an end to all matrimonial disputes
between them. When it is so, it may not be proper to direct
them to undergo the agony of a criminal prosecution.
Therefore the Crl.M.C is allowed and all further proceedings
in Crime No. 471/2008of the Ponnani Police Station is quashed.
M.N. KRISHNAN, JUDGE
vkm