MOHAMMED HANEEFA Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners are accused in C.C No. 326 of 2011 on the file of Chief Judicial Magistrate Court, Kasargod. They are being prosecuted for offences punishable under Sections 323 and 498A r/w Section 34 of Indian Penal Code on a report filed by the Sub Inspector of Police, Kumbala Police Station. Aforesaid crime has arisen from a complaint filed by the second respondent, wife of the first petitioner, alleging matrimonial cruelty by the husband and his close relatives. The spouses have now resolved their disputes and they are living together, is the case of the petitioners. Second respondent represented by counsel has also endorsed the case so advanced and more over an affidavit stating as above has also been sworn to by that respondent. Public Prosecutor was directed to ascertain through the Investigating Officer whether the spouses have resolved their disputes and are living together, as represented. After having such an enquiry and getting instructions, Public Prosecutor reported that resolving the disputes the spouses are now living together. When that be so, continuation of the criminal proceedings against the petitioners which has arisen on the basis of the complaint of the second respondent, is likely to rupture the renewed matrimonial relationship. Taking note that the offences imputed against the petitioners have arisen from a matrimonial dispute and, as such, it could be treated as personal and not against the public at large, and also that the spouses are now living together, I find, the ends of justice require quashing the criminal proceedings against the petitioners. In the circumstance, criminal proceedings against the petitioners in C.C No. 326 of 2011 on the file of Chief Judicial Magistrate Court, Kasargod are quashed invoking the inherent powers of this court under Section 482 of the Code of Criminal Procedure.