K J ANTONY @ PAPPAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners have been arrayed as accused in a case involving offence punishable under Sections 452, 323, 342 read with Section 34 of Indian Penal Code. The crime was registered based on a private complaint filed by the 2nd respondent who is the de facto complainant. The 1st petitioner herein is the father-in-law of the 2nd respondent. It appears that there was a matrimonial dispute between the daughter of the 1st petitioner and the 2nd respondent. It is stated that this has resulted in filing of a private complaint. It is averred in paragraph 3 that there is another crime registered at the instance of the petitioners and while the matter was pending investigation, the entire disputes have been settled out of court and the proceedings against the 2nd respondent has been quashed by this Court already.

(2.) The 2nd respondent has filed an affidavit as Annexure-II stating that he does not want to proceed with the criminal case and he has no objection in quashing the further proceedings in Crime No. 219/2009 of Payangadi Police Station which is now pending as C.C. No. 795/2009 on the file of the Judicial First Class Magistrate Court, Payyannur.

(3.) Heard the learned counsel for the petitioners, learned counsel appearing for the 2nd respondent and the learned Public Prosecutor.