Allowed

Babu.N.v. v. Alphonsa & State

Kerala HC16 Mar 2010Crl.MC/679/2010

Case brief

AI extract

What is this about?

The High Court of Kerala quashed criminal proceedings under Sections 341, 323, 324, and 498A IPC in a case involving matrimonial disputes. Relying on B.S. Joshi, the court held that continued prosecution was not in the interest of justice following an amicable settlement confirmed by the wife.

What did the court decide?

Criminal proceedings C.C.No.460/2008 on the file of the Judicial First Class Magistrate's Court-III, Thrissur are quashed.

Babu.N.v. Vs Alphonsa & State — 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 TUESDAY, THE 16TH MARCH 2010 / 25TH PHALGUNA 1931

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Crl.MC.No. 679 of 2010()

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----------------------------------CC.460/2008 of JUDL. MAGISTRTE OF FIRST CLASS COURT-III, THRISSUR. CRIME NO.131/2008 OF MANNUTHY POLICE STATION.

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PETITIONER/ACCUSED

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

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BABU N.V., AGED 37 YEARS, NEYYAN VETTIL, PARAVATTANI, OLLUKKARA, THRISSUR.

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BY ADV. MR.C.D.DILEEP

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RESPONDENTS/DE FACTO COMPLAINANT & STATE

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

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1. ALFONSA, AGED 37 YEARS, W/O.BABU, NEYYAN VETTIL, PARAVATTANI, OLLUKKARA, THRISSUR.

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

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R2 BY PUBLIC PROSECUTOR MR.I.B. PRAMOD. R1 BY ADV. MR.P.K.SAJEEV.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/03/2010, 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.679 of 2010

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ORDER

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Petitioner is the accused and first respondent the defacto complainant in C.C.No.460/2008 on the file of Judicial First Class Magistrate's Court-III, Thrissur, taken cognizance for the offences under Sections 341, 323, 324 and 498A of Indian Penal Code on Annexure-B final report submitted by Sub Inspector of Police, Mannuthy Police Station. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that entire matrimonial disputes between the petitioner and first respondent 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 wife, the defacto complainant, appeared through a counsel and filed an affidavit stating that entire matrimonial disputes with the petitioner were settled amicably and consequent to the settlement, the proceedings is to be quashed.

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CRMC 679/10 2

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

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As declared by the Apex Court in B.S.Joshi v.

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State of Haryana ((2003) 4 SCC 675), when the matrimonial disputes are settled amicably between the husband and wife, it is not in the interest of justice to continue the prosecution standing on technicalities.

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The affidavit filed by the wife establishes that she has amicably settled the matrimonial disputes with the petitioner and she, along with the children, are now residing with the petitioner/husband. 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.460/2008 on the file of Judicial First Class Magistrate's Court-III, Thrissur is quashed.

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16^th March, 2010 (M.Sasidharan Nambiar, Judge) tkv

Babu.N.v. v. Alphonsa & State

Case brief

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Babu.N.v. v. Alphonsa & State

Case brief

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