HABEEB Vs. K.C. JAMSHEERA

JUDGEMENT

(1.) THE above captioned Criminal Miscellaneous Case (Crl.M.C.) has been filed seeking the invocation of the inherent powers of this Court conferred under Section 482 of the Code of Criminal Procedure, with the prayer to quash the entire proceedings in C.C. No. 66 of 2008 on the file of Judicial First Class Magistrate Court - V, Kozhikode, arising out of Crime No. 355 of 2007 of Nallalam Police Station, Kozhikode and all further proceedings arising therefrom. The petitioners herein are accused Nos. 1 and 3 to 5 respectively in Crime No. 355 of 2007 of Nallalam Police Station, Kozhikode, which was registered for offences under Sections 498A, 406 and 323 r/w Section 34 of Indian Penal Code. The Police after investigation submitted the impugned Annexure A final report/charge sheet in the above said crime which has led to the institution of C.C. No. 66 of 2008 on the file of Judicial First Class Magistrate Court - V, Kozhikode. The 2nd accused is no more and his case is stated to be already abetted.

(2.) THE brief of the prosecution case is that the de facto complainant (1st respondent herein) married the 1st petitioner and thereafter, during the matrimonial relationship, the petitioners had mentally and physically harassed the de facto complainant. The evidence in the case was started and the 1st respondent and others were examined. Meanwhile, the matter was mediated and a settlement was arrived at. Annexure B is the copy of the settlement/agreement entered into between the 1st petitioner and the 1st respondent on 16.10.2014. As the learned Magistrate is not in a position to record the settlement as the offence is not compoundable, the petitioners have approached this Court with the above said Crl.M.C. It is stipulated in Annexure B settlement that apart from resolving the disputes in other pending litigations in the Family Court, steps will also be taken for the exoneration of the petitioners herein. The 1st respondent has sworn to an affidavit dated 13.10.2014 produced as Annexure C in this Crl.M.C. stating that all the disputes between the 1st respondent and the petitioners are settled in mediation and that she has no grievance against the petitioners and that she has no objection in quashing the impugned criminal proceedings in C.C. No. 66 of 2008 pending on the file of Judicial First Class Magistrate Court - V, Kozhikode. It is in the background of these facts and circumstances that the aforementioned Crl.M.C. has been filed.

(3.) HEARD Sri. P.V. Kunhikrishnan, the learned counsel appearing for the petitioners, Sri. P.V. Anoop, learned counsel appearing for 1st respondent and the learned Public Prosecutor appearing for the 2nd respondent -State of Kerala.