SIVAKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioners are accused Nos.1 and 2 in C.C.No.537 of 2011 on the file of the Judicial First Class Magistrate Court -II, Kollam alleging offence punishable under Section 498 -A and 34 of IPC. It is submitted by the petitioners that now the entire dispute with the second respondent has already been settled and a petition for divorce on mutual consent has already been filed before the concerned court under Section 13B of Hindu Marriage Act. The second respondent has also sworn Annexure -B affidavit stating that the dispute between the parties have already been settled and she does not have any intention to prosecute the criminal case.

(2.) HEARD the learned counsel for the petitioners, the learned counsel appearing for the second respondent and also the learned Public Prosecutor.

(3.) THE allegation made against the petitioners is that they have committed offence punishable under Section 498A and 34 of IPC. The 2nd respondent, who is the defacto complainant in the aforesaid criminal case has already filed Annexure -B affidavit before this Court stating that the entire dispute between the parties have been settled and she does not want to prosecute the criminal case which is the subject matter in this Crl.M.C.