IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3230 of 2009()
1. MANOJ.S., AGED 30 YEARS,
... Petitioner
2. SARASWATHI, AGED 53 YEARS,
3. MANJU, AGED 25 YEARS,
Vs
1. MANJU @ SARANYA, AGED 22 YEARS,
... Respondent
2. STATE OF KERALA, REP.BY THE
For Petitioner :SRI.JACOB P.ALEX
For Respondent :SRI.RINNY STEPHEN
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :07/10/2009
O R D E R
M.Sasidharan Nambiar, J.
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Crl.M.C.No.3230 of 2009
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ORDER
Petitioners are the accused and first
respondent, the defacto complainant in C.C.No.
1225/2008 on the file of Judicial First Class
Magistrate’s Court, Adoor, taken cognizance for the
offence under Section 498A read with Section 34 of
Indian Penal Code on Annexure-II final report.
First respondent is the wife of the first
petitioner. This petition is filed under Section
482 of Code of Criminal Procedure to quash the
proceedings contending that entire matrimonial
disputes between the parties were amicably settled.
2. First respondent appeared through a counsel
and filed Annexure-VII affidavit stating that
entire matrimonial disputes between the parties
were settled and in such circumstances, she has no
objection for quashing the proceedings.
CRMC 3230/09 2
3. Learned counsel appearing for the petitioners,
first respondent and learned Public Prosecutor were
heard.
4. Annexure-VII affidavit of the first
respondent establishes that entire matrimonial
disputes between the parties were settled. As held
by the Apex Court in B.S.Joshi v. State of Haryana
((2003) 4 SCC 675), when the matrimonial disputes
between the parties were settled, it is not in the
interest of justice to continue the prosecution.
In such circumstances, petition is allowed.
C.C.No.1225/2008 on the file of Judicial First
Class Magistrate’s Court, Adoor is quashed.
7th October, 2009 (M.Sasidharan Nambiar, Judge)
tkv