BAIJU Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioners are arrayed as accused 1 to 3 in Crime No. 17/2012 of Nedumbassery Airport Police Station on the file of the Judicial First Class Magistrate Court -II, Aluva and the offences alleged are punishable under Sections 498A, 324 and 34 of the Indian Penal Code. The petitioners 2 and 3 are the parents of the 1st petitioner. The 2nd respondent is the de facto complainant. The parties namely, the 1st petitioner and the 2nd respondent married on 30.08.2007 and based on a matrimonial dispute, the criminal case arose. It is now submitted that the entire disputes between the parties have been settled and during the pendency of the divorce petition, the matter was sent for mediation and they have decided to live together and are leading a peaceful life. Heard the learned counsel for the petitioners, learned counsel appearing for the 2nd respondent and the learned Public Prosecutor.

(2.) IN the light of the settlement, it is submitted that there is no purpose in proceeding with the criminal case. Annexure A3 is the affidavit filed by the 2nd respondent wherein in paragraph 5 it is stated that the 2nd respondent filed a divorce petition before the Family Court, Ernakulam as O.P. No. 156/2012 and on the basis of the settlement, it was decided to withdraw all the cases.