BIJU K MATHEW Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS petition is filed by the former husband to quash proceedings against him initiated at the instance of respondent No.2 for offence punishable under Section 498A of the Indian Penal Code. Aranmula Police submitted Annexure-I, final report in Crime No.363 of 2007 for the said offence based on which learned Judicial First Class Magistrate-I, Pathanamthitta took cognizance and filed C.C.No.863 of 2007. Later, it is alleged that there was a settlement between petitioner and respondent No.2 as per which they decided to settle the dispute between them and in consequence to that settlement parties filed a petition before Family Court concerned which resulted in Annexure-3, judgment dated 12.03.2009. That petition was allowed and a decree was granted dissolving the marriage between petitioner and respondent No.1 with effect from 12.03.2009. Petitioner seeks to quash proceeding against him on the strength of the said settlement evidenced by Annexure-2, photocopy of the compromise petition allegedly executed between petitioner and respondent No.2 and filed in O.P.Nos.749 and 750 of 2007 of Family Court Court, Thiruvalla.

(2.) NOTICE of this petition was issued to respondent No.2. But inspite of service she remains absent. I have heard learned counsel for petitioner and the learned Public Prosecutor.