LAWS(KER)-2014-10-262

RAJENDRAKUMAR Vs. STATE OF KERALA

Decided On October 23, 2014
RAJENDRAKUMAR Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) THE above captioned Criminal Miscellaneous Case (Crl.M.C.), seeking invocation of the inherent powers of this Court conferred under Section 482 of the Code of Criminal Procedure, has been filed with a prayer to quash the impugned Annexure II final report/charge sheet arising out of the impugned Annexure I FIR in Crime No. 730 of 2013 of Kollam East Police Station, which has led to the institution of C.C. No. 144 of 2013 on the file of Judicial First Class Magistrate Court, Kollam and all further proceedings arising therefrom. The petitioners are accused Nos. 1 and 2 in Crime No. 730 of 2013 of Kollam East Police Station for the offences alleged under Sections 498A and 34 of Indian Penal Code. 2nd respondent, who is the de facto complainant, is the wife of the 1st petitioner.

(2.) THE brief of the prosecution allegation is that the petitioners had demanded more dowry from the 2nd respondent's parents and had physically and mentally harassed 2nd respondent. This led to the registration of the impugned Annexure I FIR in Crime No. 730 of 2013 of Kollam East Police Station. The Police after investigation submitted Annexure II final report/charge sheet in the above said crime, which led to the institution of the impugned C.C. No. 144 of 2013 on the file of Judicial First Class Magistrate Court, Kollam for the offences under Sections 498A and 34 of Indian Penal Code. It is submitted that the petitioners and 2nd respondent have settled all the issues amicably and 2nd respondent has no complaint against the petitioners and it is highly necessary in the interest of justice to terminate the impugned criminal proceedings against the petitioners. 2nd respondent has sworn to an affidavit dated 12.10.2014 produced as Annexure III in this Crl.M.C. stating the above said facts that two children were born out of the wedlock with the 1st petitioner and that there arose temperamental incompatibility between the spouses and that despite sincere efforts made by her and the 1st petitioner they could not continue the relationship smoothly and that the above said criminal proceedings were initiated. It is further stated therein that now 2nd respondent and 1st petitioner have mutually agreed to dissolve the marriage and have decided thereupon to withdraw all cases filed against each other and pending before Courts unconditionally. That the impugned private criminal complaint was filed by her on misunderstanding of the facts of the matrimonial life and in view of the settlement she does not want to proceed with C.C. No. 144 of 2013 on the file of Judicial First Class Magistrate Court, Kollam and that the impugned criminal proceedings may be terminated in the interest of justice. It is in the background of these facts and circumstances that the aforementioned Crl.M.C. has been filed.

(3.) HEARD Sri. Ananda Krishnan, the learned counsel appearing for the petitioners, Sri. A. Chandra Babu, learned counsel appearing for 2nd respondent and the learned Public Prosecutor appearing for the 1st respondent -State of Kerala.