High Court Kerala High Court

Suharabi vs Sub Inspector Of Police on 22 January, 2010

Kerala High Court
Suharabi vs Sub Inspector Of Police on 22 January, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 2907 of 2009()


1. SUHARABI, AGED 30 YEARS,
                      ...  Petitioner
2. SHOWKATH, S/O.MARAKKAR,

                        Vs



1. SUB INSPECTOR OF POLICE,
                       ...       Respondent

2. STATE OF KERALA,

                For Petitioner  :SRI.T.A.SHAIN

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :22/01/2010

 O R D E R
            M.SASIDHARAN NAMBIAR,J.
          ===========================
          CRL.M.C.No. 2907    OF 2009
          ===========================

    Dated this the 22nd day of January,2010

                     ORDER

First petitioner is the wife and second

petitioner the husband who are respectively the

de facto complainant and the accused in

C.C.810/2008 on the file of Judicial First

Class Magistrate Court-I, Manjeri. This

petition is filed under section 482 of Code of

Criminal Procedure to quash the proceedings

pending before the learned Magistrate

contending that as the matrimonial disputes

were settled amicably, they are now living

cordially together as husband and wife, it is

not in the interest of justice to continue the

prosecution.

2. Learned counsel appearing for the

petitioner and learned Public Prosecutor were

heard.

Crl.M.C.2907/2009 2

3. The prosecution case as against the second

petitioner, is that he treated the first

petitioner wife with cruelty. Apart from the joint

petition, filed by the petitioner wife and the

second petitioner husband, establishes that entire

matrimonial disputes were settled amicably and they

are now living together as husband and wife.

Learned Public Prosecutor also submitted that

statement recorded subsequently establishes that

petitioners are living together cordially.

4. As held by the Apex Court in B.S. Joshi v.

State of Haryana (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.

Petition is allowed. C.C.810/2008 on the file

of Judicial First Class Magistrate’s Court-I,

Manjeri is quashed.

M.SASIDHARAN NAMBIAR
JUDGE
tpl/-

M.SASIDHARAN NAMBIAR, J.

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W.P.(C).NO. /06

———————

JUDGMENT

SEPTEMBER,2006