JOBI Vs. CILVIA

JUDGEMENT

(1.) THE petitioner is the accused in C.C.No.4643 of 2013 on the file of the Judicial First Class Magistrate Court, Alathur in which the first respondent is the defacto complainant. The offence alleged against the petitioner is punishable under Section 498 -A of IPC which is initiated on the basis of a private complaint filed by the first respondent before the Magistrate Court. According to the petitioner, the dispute with the first respondent has already been settled amicably and they decided to live separately. They have also filed a petition for divorce on mutual consent under Section 13B of the Hindu Marriage Act before the Family Court, Palakkad, which is still pending. The first respondent has also filed Annexure -A2 affidavit stating that the entire dispute with the petitioner has already been settled and she does not want to prosecute the criminal case filed against the petitioner.

(2.) HEARD the arguments of the learned counsel for the petitioner, the learned counsel appearing for the first respondent and also the learned Public Prosecutor.

(3.) THE allegation against the petitioner is regarding the commission of offence punishable under Section 498 -A of IPC. Now it is submitted by the learned counsel for the first respondent that the entire dispute with the petitioner/accused has been settled and the first respondent does not want to prosecute the complaint filed before the Magistrate Court. In such circumstances, this is a fit case in which the proceedings in Annexure -A1 charge can be quashed by invoking the powers of this Court under Section 482 of Cr.P.C. in the light of the principle laid down by the Apex Court in Gian Singh's case (supra). In the result, this Crl.M.C. is allowed quashing Annexure -A1 charge sheet and all further proceedings in C.C.No.4643 of 2013 on the file of the Judicial First Class Magistrate Court, Alatur.