IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4933 of 2010()
1. SUJITHKUMAR.M.S,S/O.T.K.SASI,
... Petitioner
2. T.K.SASI,S/O.KRISHEN,
Vs
1. STATE OF KERALA REP.BY THE SUB
... Respondent
2. SHEEBA.G.R, D/O.GOPALAN NAIR,KINARUVILLA
For Petitioner :SRI.V.V.SURESH
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :17/12/2010
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.No. 4933 OF 2010
===========================
Dated this the 17th day of December,2010
ORDER
Petitioners are the accused and second
respondent the de facto complainant in Crime
902/2010 of Kottiyam Police Station registered
for the offences under sections 417, 420 and
498A read with section 34 of Indian Penal Code
on Annexure A1 F.I.R. First petitioner is the
husband and second respondent the wife.
Petition is filed under section 482 of Code of
Criminal Procedure to quash the F.I.R and
further proceedings contending that entire
disputes were settled in a mediation and under
Annexure A2 mediation settlement agreement
executed before this court, it was agreed to
settle crime 902/2010 also and in view of the
settlement, it is not in the interest of
justice to continue the prosecution.
Crl.M.C.4933/2010 2
2. Second respondent appeared through a
counsel and filed an affidavit stating that a
complaint was filed by her before Kottiyam Police
Station due to temperamental differences and
implied imputations based on which Crime 902/2010
was registered and now due to the settlement, in
the changed circumstances she is ready to withdraw
all the allegations against the petitioners and she
is not interested to proceed with the case further.
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.
Annexure A2 mediation agreement with the affidavit
filed by the second respondent establishes that
entire matrimonial disputes were settled amicably.
In such circumstances, it is not in the interest of
Crl.M.C.4933/2010 3
justice to continue the prosecution.
Petition is allowed. Crime No.902/2010 of
Kottiyam Police Station registered under Annexure
A1 F.I.R 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