The High Court of Kerala quashed criminal proceedings against the petitioner under Section 498A IPC, applying the principle that technicalities must not obstruct a happy matrimonial life after a full settlement.
Quashed Criminal Misc. Case No.2565/2008 as against the petitioner.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 11TH AUGUST 2009 / 20TH SRAVANA 1931
Crl.MC.No. 2363 of 2009() -----------------------------------CC.2565/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II, KOLLAM
PETITIONER/ACCUSED NO.1:
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CHRISTEEN, S/O.LATE LAZER, CHARUVILA PUTHEN VEEDU, MYLAKKADU CHERRY, THAZHUTHALA VILLAGE, KOLLAM.
BY ADV. MR.BRIJESH MOHAN SMT.RESMI G. NAIR
RESPONDENTS/STATE & COMPLAINANT:
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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. AJITHA CHRISTEEN, W/O.CHRISTEEN, CHARUVILA PUTHEN VEEDU, MYLAKKADU CHERRY, THAZHUTHALA VILLAGE, KOLLAM.
R1 BY PUBLIC PROSECUTOR MR.AMJAD ALI. R2 BY ADV. MR.E.C.BINEESH.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
M.Sasidharan Nambiar, J.
Crl.M.C.No.2363 of 2009
ORDER
Petitioner was the first accused in C.C.No. 2297/2006 on the file of Judicial First Class Magistrate's Court-II, Kollam. Prosecution case as against the four accused was that they committed offences under Sections 498A, 323 and 342 read with Section 34 of Indian Penal Code. Second respondent is the wife of the petitioner and other accused are her in-laws. As per Anneuxre-II judgment dated 23.9.2008, learned Magistrate acquitted accused 2 to 4 finding them not guilty of the offences. The case as against the petitioner, who was absconding, was split up and refiled as C.C.No.2565/2008. This petition is filed under Section 482 of Code of Criminal Procedure to quash the case as against the petitioner contending that there was an amicable settlement of all the
disputes with the second respondent and petitioner and second respondent are now leading a happy matrimonial life and in the interest of justice, the case is to be
CRMC 2363/09
2
quashed.
In such circumstances, petition is allowed. C.C. No.2565/2008 on the file of Judicial First Class Magistrate's Court-II, Kollam as against the petitioner is quashed.
11th August, 2009 tkv
(M.Sasidharan Nambiar, Judge)
1 issue framed by the court
Whether the criminal proceedings initiated against the petitioner under Sections 498A, IPC should be quashed in view of the amicable settlement and resumption of matrimonial life between the parties.
Colour shows how this judgement treated each authority
B.S.Joshi v. State of HaryanaReferred¶24
B.S.Joshi v. State of Haryana ((2003) 4 SCC 675) · Who else cites this
1 provisions across 1 enactments
Christeen
State of Kerala
Ajitha Christeen
M. Sasidharan Nambiar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
