IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4783 of 2010()
1. MAHESH, S/O.KUNHIKRISHNAN NAIR,
... Petitioner
2. KUNHIKRISHNAN NAIR, AGED 63 YEARS,
3. JANU, W/O.KUNHIKRISHNAN NAIR,
4. BINDU, D/O.KUNHIKRISHNAN NAIR,
Vs
1. STATE OF KERALA, REP.BY
... Respondent
2. RAJANA, D/O.PADMANABHA KURUP,
For Petitioner :SRI.P.M.HABEEB
For Respondent :SMT.JYOTHI JOSEPH
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :07/12/2010
O R D E R
M.SASIDHARAN NAMBIAR,J.
===========================
CRL.M.C.No. 4783 OF 2010
===========================
Dated this the 7th day of December,2010
ORDER
Petitioners are the accused and the second
respondent the de facto complainant in
C.C.736/2010 on the file of Judicial First
Class Magistrate Court, Vadakara taken
cognizance for the offences under section 498A
and 406 read with section 34 of Indian Penal
Code on Annexure A final report. First
petitioner is the husband and second respondent
the wife. Petitioners 2 and 3 are the parents
and fourth petitioner is the sister of the
first petitioner. Petition is filed under
section 482 of Code of Criminal Procedure to
quash the proceedings before the learned
Magistrate contending that entire matrimonial
disputes were settled amicably and consequently
to the settlement, it is not in the interest of
Crl.M.C.4783/2010 2
justice to continue the prosecution.
2. Second respondent appeared through a
counsel and filed an affidavit stating that entire
matrimonial disputes with the petitioners were
settled amicably and consequent to the settlement,
she has no objection for quashing the proceedings.
3. Learned counsel appearing for the
petitioners, second respondent and learned Public
Prosecutor were heard.
4. As held by the Apex Court in B.S. Joshi and
others v. State of Haryana and another (2003) 4 SCC
675) when matrimonial disputes are settled
amicably, it is not in the interest of justice to
stand on technicalities and continue the
prosecution. The affidavit filed by second
respondent establishes that entire disputes were
settled amicably. Hence it is not in the interest
of justice to continue the prosecution.
Petition is allowed. C.C.736/2010 on the file
Crl.M.C.4783/2010 3
of Judicial First Class Magistrate Court, Vadakara
is quashed.
M.SASIDHARAN NAMBIAR
JUDGE
tpl/-
M.SASIDHARAN NAMBIAR, J.
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W.P.(C).NO. /06
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JUDGMENT
SEPTEMBER,2006