SHAJEER Vs. SHAMLA

JUDGEMENT

(1.) PETITIONERS are accused in C.C. No.450 of 2010 of the court of learned Judicial First Class Magistrate, Vadakara for offences punishable under Sections 498A and 406 read with Section 34 of the Indian Penal Code. Respondent No.1 is the wife of petitioner No.1. Petitioner Nos.2 and 3 are parents and petitioner Nos.4 and 5, sister and brother-in-law of petitioner No.1. Respondent No.1 filed a private complaint against petitioners alleging commission of offences as above stated. That complaint was forwarded to the police for investigation under Section 156(3) of the Code of Criminal Procedure (for short, "the Code"). Police registered Crime No.99 of 2010, investigated and submitted final report in the court of learned Judicial First Class Magistrate, Vadakara who took cognizance for the said offences and filed C.C.No.450 of 2010. Now, it is stated that the dispute has been settled between the parties vide Annexure-II, agreement and respondent No.1 has sworn an affidavit (Annexure-III) to that effect.

(2.) PETITIONER No.1 is abroad and hence Annexure-II, agreement is executed between petitioner No.2, his father and respondent No.1, defacto complainant. Learned counsel for petitioners submit that petitioner No.1 undertakes to abide by Annexure-II, agreement. That submission is recorded. It is also submitted that pursuant to the compromise, divorce has already been effected between petitioner No.1 and respondent No.1. Agreement states that the matter is settled between the parties. An affidavit also is sworn by respondent No.1 (Annexure-III) stating that the dispute between the parties has already been settled, agreement (Annexure-II) is executed and that she acknowledged receipt of the amount stipulated to be paid to her as per Annexure-II, agreement. She further stated that she does not want to proceed with the case.