Quashed

Surendran v. Devi

Kerala HC23 Nov 2010Crl.MC/4216/2010

Case brief

AI extract

What is this about?

The Court allowed a petition under Section 482 CrPC to quash criminal proceedings under Sections 498A and 34 IPC. Relying on B.S.Joshi and the fact that the entire matrimonial dispute was settled amicably, the High Court held that continuing prosecution was not in the interest of justice and quashed the proceedings.

What did the court decide?

Criminal Misc. Case No. 4216 of 2010 and Criminal Case No. 731/2008 against the petitioners were set aside.

Surendran Vs Devi — Matrimonial and Divorce | Kerala HC (2010)

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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 23RD NOVEMBER 2010 / 2ND AGRAHAYANA 1932

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Crl.MC.No. 4216 of 2010()

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----------------------------------CC.731/2008 of ADDL. CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM. CRIME NO.277/2008 OF THIRUVANANTHAPURAM MEDICAL COLLEGE POLICE STATION

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PETITIONER(S):

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

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1. SURENDRAN, S/O.MADHAVAN, HINDU, AGED 60 YEARS RESIDING AT SAROJA BHAVAN, MULLUVILAKOM, VENGANOOR.P.O, THIRUVANANTHAPURAM.

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2. S. BAIJU, S/O.SURENDRAN, SAROJA BHAVAN, MULLUVILAKOM, VENGANOOR.P.O,TRIVANDRUM.

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BY ADV. SRI.S.BALACHANDRAN (KULASEKHARAM)

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RESPONDENT(S):

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

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1. M. DEVI, D/O.MAHILAMANI, CLRA 105 F, T.C.42/101, SREEVARAHAM, VALLAKKADAVU.P.O, THIRUVANANTHAPURAM-695 008.

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

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3. SUB INSPECTOR OF POLICE, MEDICAL COLLEGE POLICE STATION, TRIVANDRUM-11.

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R2 & R3 BY PUBLIC PROSECUTOR MR.I.V. PRAMOD. R1 BY ADV. SRI.K.P.JAYACHANDRAN.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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M.Sasidharan Nambiar, J.

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Crl.M.C.No.4216 of 2010

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ORDER

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Petitioners are the accused and first respondent, the defacto complainant in C.C.No.731/2008 on the file of Additional Chief Judicial Magistrate's Court, Thiruvananthapuram, taken cognizance for the offence under Section 498A read with Section 34 of Indian Penal Code on Annexure-E final report submitted by Sub Inspector of Police, Medical College Police Station. Second petitioner and first respondent are husband and wife. 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 consequent to 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 entire matrimonial disputes were settled amicably and consequent to the settlement, she has no objection for quashing the proceedings.

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CRMC 4216/10

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Learned counsel appearing for the petitioners, first respondent and learned Public Prosecutor were heard. Learned Public Prosecutor also submitted that statement of the first respondent recorded establishes that she has settled all the matrimonial disputes.

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As held by the Apex Court in B.S.Joshi v. State of Haryana ((2003) 4 SCC 675), when the matrimonial disputes are settled amicably, it is not in the interest of justice to continue the prosecution. The affidavit filed by the first respondent with Annexure-F judgment of the Family court, establish that entire matrimonial disputes were settled amicably. In such circumstances, it is not in the interest of justice to continue the prosecution.

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Petition is allowed. C.C.No.731/2008 on the file of Additional Chief Judicial Magistrate's Court, Thiruvananthapuram is quashed.

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23^rd November, 2010 (M.Sasidharan Nambiar, Judge) tkv

Surendran v. Devi

Case brief

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Surendran v. Devi

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