LEJU KUTTAN K. Vs. THE STATE OF KERALA

JUDGEMENT

(1.) THE petitioners herein are the three accused in crime No. 751/2012 of Kazhakuttam Police Station, Thiruvananthapuram, for offences under Sections 498A and 34 of the IPC. The 2nd respondent is the de facto complainant. The allegations against the petitioners are that the petitioners had demanded more dowry from the 2nd respondent's parents and that they had physically and mentally harassed the de facto complainant, which has resulted in Annexure -I FIR in crime No. 751/2012 of Kazhakuttam Police Station. Thereafter, the Kazhakuttam Police authorities investigated the matter and submitted the final report before the Judicial First Class Magistrate's Court -II, Attingal, as per Annexure -II final report dated 22.3.2013 and the Magistrate has taken cognizance of the evidence and numbered the matter as C.C. No. 1237/2012. It is the case of the petitioners that the petitioners and the 2nd respondent de facto complainant had amicably settled the disputes as evidenced by Annexure -III affidavit dated 8.8.2014 sworn to by the 2nd respondent - de facto complainant. It is in the background of these facts and circumstances that the petitioners have chosen to file this Crl. M.C. with the prayers to quash Annexure -1 FIR in crime No. 751/2012 of Kazhakuttam Police Station and to quash Annexure II final report in C.C. No. 1237/2012 on file of the Judicial First Class Magistrate's Court -II, Attingal, in the aforementioned crime.

(2.) THE Crl.M.C. has been admitted and Sri. S. Justus has taken notice for the 2nd respondent and the learned Public Prosecutor has taken notice for the 1st respondent -State of Kerala.

(3.) THE learned counsel for the petitioners has submitted that during the pendency of the aforementioned criminal proceedings, the matter has been settled amicably between the parties, which has resulted in the subject matter of the aforementioned crime/case and that the continuation of the proceedings in the above case/crime will cause miscarriage of justice to both parties as the real disputants to the case have arrived at an amicable settlement and any further continuation of the criminal proceedings will amount to sheer wastage of time and money and would unnecessarily strain the judicial, administrative and financial resources of the State.