IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4655 of 2010()
1. RAJESH V.R., AGED 35 YEARS,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. RANJITHA C.S., AGED 28 YEARS,
For Petitioner :SRI.S.RAJEEV
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :26/11/2010
O R D E R
M.Sasidharan Nambiar, J.
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Crl.M.C.No.4655 of 2010
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ORDER
Petitioner, the husband and second respondent,
the wife, are the accused and the defacto
complainant respectively in C.C.No.4057/2010 on the
file of Judicial First Class Magistrate’s Court,
Irinjalakuda, taken cognizance for the offence
under Section 498A of Indian Penal Code on
Annexure-III final report. This petition is filed
under Section 482 of Code of Criminal Procedure to
quash the proceedings contending that entire
matrimonial disputes were settled amicably and
consequent to the settlement, it is not in the
interest of justice to continue the prosecution.
2. Second respondent appeared through a counsel
and filed an affidavit stating that entire
matrimonial disputes were settled amicably, along
with the other cases pending and consequent to the
settlement, it is not in the interest of justice to
CRMC 4655/10 2
continue the prosecution.
3. Learned counsel appearing for the
petitioner, second respondent and learned Public
Prosecutor were heard.
4. As held by the Apex Court in B.S.Joshi v.
State of Haryana ((2003) 4 SCC 675), when the
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 the second respondent wife
establishes that she has settled all the
matrimonial disputes with the petitioner. In such
circumstances, it is not in the interest of justice
to continue the prosecution.
Petition is allowed. C.C.No.4057/2010 on the
file of Judicial First Class Magistrate’s Court,
Irinjalakuda is quashed.
26th November, 2010 (M.Sasidharan Nambiar, Judge)
tkv