LAXMAN PRASAD AND ORS Vs. STATE AND ANR

JUDGEMENT

(1.) The petitioners in these proceedings seek intervention with an order on charge. They are charged with committing offences under Sections 498-A IPC.

(2.) It is contended that the trial court was appraised a settlement which have been arrived at between the parties pursuant to which divorce was decreed. A joint statement was recorded on 19.12.2003. The impugned order charged the petitioners for having committed offences under Sections 498-A/34 IPC. This was after the divorce of the parties and the claims were settled. The complainant had undertaken to withdraw all proceedings including the maintenance proceedings under Section 125 Cr.P.C.

(3.) Pursuant to directions of this court, the complainant was present. On 21st March, 2007, this Court issued fresh notice to the second respondent. The said complainant was present in the Court on 16th July, 2007. She submitted that she has no desire to continue with the proceedings and that all the disputes between the petitioners and herself have been settled. She stated that a sum of Rs. 50,000/- was due and payable. In these circumstances, this Court had noticed that although the petition was under Section 397 Cr.P.C., the Court can also use its powers under Section 482 Cr.P.C. to secure ends of justice.