SREEKUMAR K.S. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are the accused in Crime No. 595/2022 of Kattappana Police Station. The above case is registered against the petitioners alleging offence punishable under Ss. 498 A, 294(b), 323 and 506 of the Indian Penal Code.

(2.) When this case came up for consideration, the learned counsel for the petitioners submitted that the entire dispute between the petitioners and the 2nd respondent in this case are settled out of court. The learned counsel submitted that its a matrimonial dispute and the matter is settled. The learned Public Prosecutor also submitted that the settlement is genuine and the 1st petitioner is residing with the 2nd respondent.

(3.) Going through the materials available on record, it is discernible that, the dispute is basically private in nature and on account of settlement arrived at between the parties, no purpose would be served if the proceedings against the petitioner herein were allowed to continue. In such circumstances, the chances of a successful prosecution are very bleak. Therefore, I am of the view that going by the decision in Gian Singh v. State of Punjab and Another [2012(4) KLT 108], this is a fit case in which the powers of this Court under Sec. 482 of the Code of Criminal Procedure can be invoked.