HONEY BINO VARGHESE Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, who is the accused in Crime No.992 of 2020 of Mulanthuruthy Police Station, alleging offences punishable under Sections 498A, 323, 294 (b), and 506 (i) of the Indian Penal Code, 1860, has filed this Crl.M.C., under Section 482 of the Code of Criminal Procedure, 1973, seeking an order to quash further proceedings in Annexure-1 FIR in Crime No.992 of 2020 of Mulanthuruthy Police Station. The 2nd respondent herein is the de facto complainant. Along with the Crl.M.C, the petitioner has placed on record Annexure-2 first information statement dated 23.09.2020 and Annexure-3 affidavit dated 09.03.2021 sworn to by the 2nd respondent, wherein it has been stated that the subject matter of the dispute has been settled through the intervention of family members and she has no objection in quashing the crime registered against the petitioner. In the said affidavit it has also been stated that, since the 2nd respondent intends to live along with the petitioner, the pendency of the proceedings pursuant to Crime No.992 of 2020 may cause serious injury and may affect their future life.

(2.) On 10.03.2021, when this case came up for admission, the matter was adjourned to 25.03.2021 for the statement of the learned Public Prosecutor. On 25.03.2021, this Court ordered that the statement of the de facto complainant may be recorded, in order to ascertain the genuineness of the affidavit sworn to by her.

(3.) Heard the learned counsel for the petitioner - accused, the learned Public Prosecutor for the 1st respondent - State and also the learned counsel for the 2nd respondent - de facto complainant.