LAWS(KER)-2010-11-624

DEPAK ALEX PANICKER, S/O ALEXANDER; ALEXANDER PANICKER, SOSSAN PANICKER Vs. STATE OF KERALA REPRESENTED BY PUBLIC, ANILA VARGHESE D/O M VARGHESE

Decided On November 25, 2010
DEPAK ALEX PANICKER, S/O ALEXANDER; ALEXANDER PANICKER, SOSSAN PANICKER Appellant
V/S
STATE OF KERALA REPRESENTED BY PUBLIC, ANILA VARGHESE D/O M VARGHESE Respondents

JUDGEMENT

(1.) Petitioners are the accused and second Respondent the de facto complainant in C.C.748/2010 on the file of Judicial First Class Magistrate , Punalur taken cognizance for the offence under Section 498A read with Section 34 of Indian Penal Code on Annexure A2 F.I.R. First Petitioner is the husband and second Respondent the wife. 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.

(2.) Second Respondent appeared through a counsel and filed a joint petition along with the Petitioners stating that second Respondent has settled all the matrimonial disputes amicably and consequent to the settlement she has no objection for quashing the proceedings and therefore the congizance taken is to be quashed.

(3.) Learned Counsel appearing for the Petitioners, second Respondent and learned Public Prosecutor were heard.