IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4038 of 2010()
1. VINOD
... Petitioner
Vs
1. STATE OF KERALA & OTHERS
... Respondent
For Petitioner :SRI.BINOY VASUDEVAN
For Respondent :SMT.P.G.BABITHA
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :04/10/2010
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.NO.4038 OF 2010
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Dated 4th October, 2010
O R D E R
Petitioner is the husband and third
respondent, the wife. They are respectively
accused and de facto complainant in
C.C.969/2009 on the file of Judicial First
Class Magistrate’s Court-III, Palakkad
taken cognizance for the offence under
Section 498 A of Indian Penal Code on
Annexure-II final report submitted by Sub
Inspector of Police, Mankara Police Station.
Petition is filed under Section 482 of Code
of Criminal Procedure to quash the
proceedings contending that entire
matrimonial disputes were settled amicably
and they are now living cordially together
and it is not in the interest of justice to
Crmc 4038/10
2
continue the prosecution.
2. Third respondent appeared
through a counsel and filed a joint petition
with the petitioner stating that entire
matrimonial disputes were settled amicably and
she is living with the petitioner and
therefore, it is not in the interest of justice
to continue the prosecution.
3. Learned counsel appearing for the
petitioner, third respondent and learned
Public Prosecutor were heard.
4. Joint statement filed by the
petitioner and third respondent establishes
that entire matrimonial disputes were settled
amicably between the husband and wife and they
are now living together under one roof. As
held by the Apex Court in B.S.Joshi and others
v. State of Haryana and another (2003(4) SCC
Crmc 4038/10
3
675), when matrimonial disputes were settled,
it is not in the interest of justice to stand
on technicalities and continue the prosecution.
Petition is allowed. C.C.969/2009 on the
file of Judicial First Class Magistrate’s
Court-III, Palakkad is quashed.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.