LAWS(KER)-2010-11-638

AJAYKUMAR NAIR AND VIJAYAN, BOTH S/O SUDHAKARAN NAIR Vs. STATE OF KERALA AND ASHA R , D/O RAVEENDRAN PILLAI

Decided On November 26, 2010
AJAYKUMAR NAIR AND VIJAYAN, BOTH S/O SUDHAKARAN NAIR Appellant
V/S
STATE OF KERALA AND ASHA R , D/O RAVEENDRAN PILLAI Respondents

JUDGEMENT

(1.) Petitioners are the accused and second Respondent, the de facto complainant in C.C. No. 1052/2008 on the file of Judicial First Class Magistrate's Court, Perumbavoor, taken cognizance for the offence under Section 498A read with Section 34 of Indian Penal Code on Annexure-AI final report. First Petitioner is the husband and second Respondent, the wife. Second Petitioner is the brother of the first Petitioner. 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.

(2.) Second Respondent appeared through a counsel and filed an affidavit stating that entire matrimonial disputes were settled amicably and consequent to the settlement, it is not in the interest of justice to continue the prosecution as it would only cause difficulty to the cordial relationship between the parties and therefore, the proceedings is to be quashed.

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