T.T. IBRAHIM Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an application filed by the petitioner, who is the sole accused in C.C.No.303/2013 on the file of the Chief Judicial Magistrate Court, Manjeri to quash the proceedings under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code').

(2.) IT is alleged in the petition that the petitioner married the second respondent/defacto complainant on 30.5.1998 and thereafter they were residing together as husband and wife. There was some difference of opinion arose between the parties and the second respondent filed a private complaint before the Chief Judicial Magistrate Court, Manjeri against the petitioner alleging commission of offence under Section 498 A of the Indian Penal Code, which the learned Magistrate forwarded to the police for investigation under Section 156(3) of the Code. On that basis, Karippur police had registered a case as crime No.539/2013 under Section 498 A of the Indian Penal Code against the petitioner and after investigation, Annexure -I Final Report was filed and the learned Magistrate had taken the case on file as C.C.No.303/2013 and it is pending before that court. Now the matter has been settled between the parties amicably due to intervention of mediators and family members. The defacto complainant also filed an affidavit to that effect. No purpose will be served by proceeding with the case in view of the settlement. Since the offence is non compoundable one, the petitioner has no other remedy except to approach this Court seeking the following relief:

(3.) THE counsel for the second respondent submitted that the matter has been settled between the parties due to intervention of mediators and the defacto complainant does not want to prosecute the case in view of the settlement. She had filed an affidavit to that effect as well.