IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 262 of 2010()
1. VISWANATHAN, S/O.RAMACHANDRA IYER,
... Petitioner
2. LALITHA, D/O.RAMACHANDRA IYER,
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. SUB INSPECTOR OF POLICE, VADAKKANCHERRY
3. N.T.N. VENKITALAKSHMI,D/O.N.T.NARAYANAN,
For Petitioner :SRI.BINOY VASUDEVAN
For Respondent :SMT.P.G.BABITHA
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :09/04/2010
O R D E R
M.Sasidharan Nambiar, J.
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Crl.M.C.No.262 of 2010
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ORDER
Petitioners are the accused and third respondent,
the defacto complainant in C.C.No.429/2009 on the file
of Judicial First Class Magistrate’s Court, Alathur,
taken cognizance for the offence under Section 498A
read with Section 34 of Indian Penal Code on Annexure-3
final report. Petitioner is the husband and third
respondent his wife. Second petitioner is the sister of
the first petitioner. This petition is filed under
Section 482 of Code of Criminal procedure to quash the
cognizance taken and the proceedings pending before the
Magistrate contending that entire matrimonial disputes
between the parties were settled amicably and
consequent to the settlement, it is not in the interest
of justice to continue the prosecution.
2. Third respondent appeared through a counsel and
filed a joint petition, along with the petitioners,
stating that consequent to the settlement of entire
matrimonial disputes, it is not in the interest of
justice to continue the prosecution and to give a
CRMC 262/10 2
quietus to the family disputes, it is necessary to
quash the proceedings.
3. Learned counsel appearing for the petitioners,
third 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 between the parties, it is not in
the interest of justice to continue the prosecution,
standing on technicalities. Joint statement filed by
the third respondent wife, along with the petitioners,
the husband and the sister-in-law, establishes that
there was settlement of all the matrimonial disputes.
In such circumstances, it is not in the interest of
justice to continue the prosecution.
Petition is allowed. C.C.No.429/2009 on the file
of Judicial First Class Magistrate’s Court, Alathur is
quashed.
9th April, 2010 (M.Sasidharan Nambiar, Judge)
tkv