Allowed

Bejoy @ Abraham v. Siji and Another

Kerala HC1 Dec 2009Crl.MC/3377/2009

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a petition under Section 482 CrPC to quash criminal proceedings under Section 498A IPC. The Court held that since the petitioner and wife had amicably settled all matrimonial disputes before the Family Court, continuing prosecution was not in the interest of justice.

What did the court decide?

Criminal Case No. 624/2009 of the Judicial First Class Magistrate, Vaikom is quashed.

Bejoy @ Abraham Vs Siji and Another — Matrimonial and Divorce | Kerala HC (2009)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR

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TUESDAY, THE 1ST DECEMBER 2009 / 10TH AGRAHAYANA 1931

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Crl.MC.No. 3377 of 2009()

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-----------------------------------CC.624/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT, VAIKOM

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PETITIONER(S):

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----------------------

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BEJOY @ ABRAHAM, S/O. MATHEW, AGED 35 YEARS, MUTTETHAZHATHU HOUSE, ERAVIMANGALAM KARA, KADUTHURUTHY, KOTTAYAM DISTRICT.

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BY ADV. MR.P.I.GEORGEKUTTY

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RESPONDENT(S):

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------------------------

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1. SIJI, W/O. BEJOY, (D/O. KURIAN), ATHIKULAM HOUSE, MARAMKODE, CHETTIKULAM P.O., CHALAKKUDY, THRISSUR DISTRICT.

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2. STATE OF KERALA, REPRESENTED BY THE STATION HOUSE OFFICER, KADUTHURUTHY POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR.

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R2 BY PUBLIC PROSECUTOR MR.P.A. SALIM. R1 BY ADV. MR.C.B.SREEKUMAR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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rs.

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M.SASIDHARAN NAMBIAR,J.

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CRL.M.C.NO. 3377 OF 2009

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Dated 1^st December 2009

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O R D E R

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Petitioner is the accused and first

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respondent, his wife, the de facto complainant in C.C.624/2009 on the file of Judicial First Class Magistrate, Vaikom, taken cognizance for the offence under Section 498 A of Indian Penal Code on Annexure-A final report. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that entire matrimonial disputes were settled amicably and in view of the settlement, it is not in the interest of justice to continue the prosecution.

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First respondent appeared through a counsel and filed an affidavit stating that when proceedings were pending before Family court, Ettumanoor there was conciliation proceedings and in the conciliation entire matrimonial disputes were settled amicably and in view of the settlement, first respondent has no objection for quashing the proceedings.

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Crmc 3377/09

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Learned counsel appearing for petitioner, first respondent and learned Public Prosecutor were heard.

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Annexure-A final report establishes that prosecution case is that petitioner demanding dowry treated first respondent with cruelty and thereby committed the offence under Section 498 A of Indian Penal Code. Affidavit filed by first respondent, along with Annexure-E judgment of Family court, Ettumanoor in O.P.(Div) No.830/2009 establish that there has been a complete settlement of all the matrimonial disputes. As held by the Apex court in

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B.S.Joshi and others v. State of Haryana and another (2003(4) SCC 675 ) when there has been an amicable settlement of the matrimonial disputes, it is not for this court to stand on technicalities and continue the

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prosecution as it is not in the interest of justice especially when chances of a successful prosecution is very bleak consequent to the settlement.

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Petition is allowed. C.C.624/2009 on the file of Judicial First Class Magistrate-I, Vaikom is quashed.

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M.SASIDHARAN NAMBIAR, JUDGE.

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uj.

Bejoy @ Abraham v. Siji and Another

Case brief

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Bejoy @ Abraham v. Siji and Another

Case brief

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