IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 1231 of 2010()
1. VISWANATHA PILLAI, S/O. THANKAPPAN
... Petitioner
2. SREEKUMAR,
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. SOBHANA DEVI, D/O. BHAVANIAMMA,
For Petitioner :SRI. K.SHAJ
For Respondent :SRI.SYAM J SAM
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :08/04/2010
O R D E R
M.SASIDHARAN NAMBIAR,J.
===========================
CRL.M.C.No. 1231 OF 2010
===========================
Dated this the 8th day of April,2010
ORDER
Petitioners are accused 1 and 4 in
C.C.795/2001 on the file of Judicial First
Class Magistrate’s Court, Adoor. As they were
absconding accused 2 and 3 were tried and
acquitted. This petition is filed under
section 482 of the Code of Criminal Procedure
contending that the 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 the de facto
complainant appeared through a counsel and
filed an affidavit stating that the entire
matrimonial disputes were settled amicably and
she is now living with the first petitioner
husband and in such circumstances the case is
Crl.M.C.1231/2010 2
to be quashed.
3. Learned counsel appearing for the
petitioners, second respondent and learned Public
Prosecutor were heard.
4. Annexure A1 shows that the very case was
registered on a complaint filed by the second
respondent alleging that first petitioner husband
and the three other accused in-laws committed an
offence under section 498A of Indian Penal Code.
The affidavit filed by the second respondent
establishes that she has settled all matrimonial
disputes and is now residing with her husband. As
held by the Apex Court in B.S. Joshi v. State of
Haryana (2003) 4 SCC 675) when matrimonial disputes
were settled amicably, it is not in the interest of
justice to continue the prosecution standing on
technicalities.
Petition is allowed. L.P.20/2005 in
C.C.795/2001 on the file of Judicial First Class
Magistrate’s Court, Adoor 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