UMMER Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS petition is filed under Section 482 of the Code of Criminal Procedure (for short, "the Code") to quash Annexure A2, F.I.R. in Crime No.38 of 2010 of Patambi police station for offence punishable under Section 498A read with 34 of the Indian Penal Code. Petitioners are accused in the case. That case arose on a complaint preferred by respondent No.2, wife of petitioner No.1. At a stage when the matter came to this court with petitioners seeking anticipatory bail, there was a mediation between the parties which has resulted in Annexure A7, agreement executed by petitioner No.1 and respondent No.2 stating the terms and conditions of the settlement between them. It is stated that in accordance with that settlement petitioner No.1 has divorced respondent No.2 and the amount payable to her has already been paid. In the circumstances further investigation of the case is not warranted. Hence this petition.

(2.) WHEN the matter came up for hearing on 01.12.2010 respondent No.2 stated that she is prepared to compound the offence and that an affidavit will be filed to that effect. Accordingly respondent No.2 has sworn to an affidavit. Learned counsel for petitioners submitted that in the circumstances it is not necessary to pursue the investigation in Crime No.38 of 2010. I have heard learned counsel for petitioner, respondent No.2 and the learned Public Prosecutor.