The High Court allowed a petition under Section 482 CrPC to quash criminal proceedings under Section 498 IPC, holding that amicable settlement of all matrimonial disputes made it not in the interest of justice to continue prosecution.
Criminal Case No. 316/2008 filed at Chief Judicial Magistrate Court, Manjeri is quashed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 10TH MARCH 2010 / 19TH PHALGUNA 1931
Crl.MC.No. 570 of 2010() -----------------------CC.316/2008 of CHIEF JUDICIAL MAGISTRATE COURT, MANJERI ....................
PETITIONER/ACCUSED
V.P.MOHAMMED RAHMATHULLA, S/O.MOHAMMED MOULAVI, RAHMATH MANZIL, NEAR GIMCO TRADERS, ARECODE, MALAPPURAM DISTRICT.
BY ADV. SRI.P.SAMSUDIN
RESPONDENTS/ DEFACTO COMPLAINANT AND STATE
-------------------------------------------1. MUSLIYARAKATH SUBAIDA, D/O.ABDULLA, AGED 38 YEARS, KARIMPATTAYIL HOUSE, KEEZHUPARAMBU, ARECODE, MALAPPURAM DISTRICT.
BY PUBLIC PROSECUTOR SRI. S.U.NAZAR ADV. SRI.M.SHAJU PURUSHOTHAMAN FOR R1
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
M.SASIDHARAN NAMBIAR, J.
CRL.M.C. No. 570 OF 2010
Dated this the 10th day of March, 2010
O R D E R
Petitioner is the accused and first respondent, the de facto complainant who is the wife of the petitioner in C.C No.316/2008 on the file of Chief Judicial Magistrate, Manjeri taken cognizance for the offence under Section 498 A of Indian penal Code on AnnexureA2 final report. Petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that entire matrimonial disputes were amicably settled and in view of settlement, it is not in the interest of Justice to continue the prosecution.
2 Learned counsel appearing for the first respondent and learned Public Prosecutor were heard.
Crl.M.C. No.570/2010
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matrimonial disputes are settled amicably, it is not in the interest of justice to stand on technicalities and to continue the prosecution. The affidavit filed by the first respondent wife establishes that matrimonial disputes were settled amicably.
In such circumstances, the petition is allowed. C.C. No.316/2008 on the file of Chief Judicial Magistrate, Manjeri is quashed.
M.SASIDHARAN NAMBIAR (JUDGE)
vps
Crl.M.C. No.570/2010
3
1 issue framed by the court
Whether criminal proceedings under Section 498 IPC should be quashed on ground of amicable settlement of matrimonial disputes.
Colour shows how this judgement treated each authority
B.S. Joshi and others v. State of Haryana and anotherRelied on¶21
B.S. Joshi and others v. State of Haryana and another (2003 (4) SCC 675) · Who else cites this
2 provisions across 2 enactments
V.P. Mohammed Rahmathulla
State of Kerala
Musliyarakath Subaida
M. Sasidharan Nambiar
As recorded by the court registry
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