Allowed

Biju and Another v. State of Kerala and Another

Kerala HC15 Jan 2010Crl.MC/140/2010

Case brief

AI extract

What is this about?

The Kerala High Court allowed a petition under Section 482 CrPC to quash criminal proceedings for offences under Sections 498-A and 34 IPC. The court held that since the matrimonial disputes were amicably settled and the spouses resumed living together, continuing the prosecution was not in the interest of justice.

What did the court decide?

The criminal miscellaneous case arising out of C.C.1381/2007 was quashed.

Biju and Another Vs State of Kerala and… — Constitutional and Fundamental Rights | Kerala HC (2010)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 15TH JANUARY 2010 / 25TH POUSHA 1931 Crl.MC.No. 140 of 2010() -----------------------CC.1381/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ADOOR .................... (CR.NO.765/2007 OF ADOOR POLICE STATION)

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PETITIONER(S): ACCUSED NO.1 & 2: --------------------------------------------------------1. BIJU,AGED 34 YEARS, S/O. GOPI, MEALEEVADAKKATHIL PUTHEN VEEDU, MALOODU, ADOOR.

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2. THANKAMONY AGED 58 YEARS, W/O. GOPI, MEALEEVADAKKATHILPUTHEN VEEDU, MALOODU,ADOOR.

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BY ADVS.MR. K.SHAJ, MR.SAJJU.S.

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RESPONDENT(S):

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

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1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA , ERNAKULAM.

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2. ANJANA, D/O.MURALI, KUNNATHU VEEDU, NEDUMANCAVU, KOODAL.

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R1 BY PUBLIC PROSECUTOR MR. S.U.NAZAR R2 BY ADV.MR.SYAM J SAM

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Kss

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M.SASIDHARAN NAMBIAR,J.

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------------------------------------------ Crl.M.C.NO.140 OF 2010 ------------------------------------------ Dated 15^th January 2010

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O R D E R

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Petitioners are the accused and

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second respondent, the de facto complainant in C.C.1381/2007 on the file of Judicial First Class Magistrate, Adoor taken cognizance for the offence under Section 498 A read with Section 34 of Indian Penal Code on Annexure-A1 final report. Petition is filed under Section 482 of Code of Criminal Procedure, to quash the cognizance

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taken contending that in view of the settlement of the matrimonial disputes, it is not in the interest of justice to continue the prosecution.

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Second respondent appeared

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through a counsel and along with

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Crmc 140/10

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petitioners filed Crl.M.A.195/2010 stating that entire matrimonial disputes were settled amicably and now second respondent is residing with the first petitioner and leading a cordial matrimonial life and in such circumstances, it is not in the interest of justice to continue the prosecution.

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Joint statement filed by the second respondent wife along with it petitioners establish that there has been an amicable settlement of the matrimonial disputes and the wife and husband are now living together. As held by the Apex court in B.S.Joshi and others v. State of Haryana

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and another (2003(4) SCC 675 ) when matrimonial disputes are settled and the husband and wife are living together, it is not in the interest of justice to stand on

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Crmc 140/10

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technicalities and continue the prosecution and cause hurdle in the matrimonial life.

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Interest of justice warrants the criminal prosecution to be quashed.

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Petition is allowed. C.C.1381/2007 on

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the file of Judicial First Class Magistrate, Adoor is quashed.

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M.SASIDHARAN NAMBIAR, JUDGE.

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uj.

Biju and Another v. State of Kerala and Another

Case brief

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Biju and Another v. State of Kerala and Another

Case brief

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