IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3238 of 2009()
1. M.M.KRISHNANKUTTY, AGED 45 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY STATION HOUSE
... Respondent
2. SINDHU, AGED YEARS,
For Petitioner :SRI.MANJERI SUNDERRAJ
For Respondent :SRI.SHAJI M.V.
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :04/11/2009
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.NO.3238 OF 2009
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Dated 4th November 2009
O R D E R
Petitioner is the accused and second
respondent, the de facto complainant in C.C.278/2006
on the file of Judicial First Class Magistrate-V,
Kozhikode taken cognizance for the offence under
Section 498 A of Indian Penal Code. This petition is
filed under Section 482 of Code of Criminal Procedure
to quash the proceedings contending that entire
matrimonial disputes were settled between the parties
and Annexure-3 agreement was entered into before the
Lok Adalath and in such circumstances, it is not in
the interest of justice to proceed with the case.
2. Second respondent appeared through a
counsel and filed Crl.M.A.6083/2009 jointly with
petitioner stating that following mediation efforts by
this court and Lok Adalath, all disputes between
petitioner and second respondent were finally settled
under Annexures-1 and 2 and in view of the settlement
the case is to be quashed.
Crmc 3238/09
2
3. Learned counsel appearing for the
petitioner, second respondent and learned Public
Prosecutor were heard.
4. When matrimonial disputes were settled
between the parties, as evidenced by the joint
statement filed by petitioner husband and second
respondent wife as well as by Annexures-1 and 2
settlements arrived at by the parties ,it is not in the
interest of justice to continue the prosecution as held
by the Apex court in B.S.Joshi and others v. State of
Haryana and another (2003(4) SCC 675).
In such circumstances, petition is allowed.
C.C.278/2006 on the file of Judicial First Class
Magistrate-V, Kozhikode is quashed.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.