ANEESH MON Vs. SHERINA

JUDGEMENT

(1.) THE accused in crime No. 320/2013 of Kumarakom Police Station for offences under Sections 498A and 34 of IPC, are the petitioners in this Criminal Miscellaneous Case. The matter is now pending as C.C. No. 953/2013 on the file of the Judicial First Class Magistrate Court -III, Kottayam. The case was registered against the petitioners based on a complaint preferred by the 1st respondent - de facto complainant, who was the wife of the 1st petitioner. The 1st respondent has now sworn to Annexure A4 affidavit dated 27.9.2014 stating that there arose some differences of opinion between the petitioners and the de facto complainant -1st respondent and that due to the then prevailing peculiar emotional circumstances, she had preferred the complaint before the Judicial First Class Magistrate Court -III, Kottayam, against the petitioners, which triggered crime No. 320/2013 of Kumarakom Police Station, and that all the disputes have been amicably settled between the petitioners and the 1st respondent through the efforts of the mediators and family members and that therefore, she is not interested to continue any further proceedings in the aforementioned criminal proceedings and that M.C. No. 21/2014 filed by her before the Family Court, Ettumanoor, has also been settled and that she has no objection in quashing all the proceedings in Crime No. 320/2013 of Kumarakom Police Station. The petitioners would submit that in view of the amicable settlement of the disputes, talaque has been pronounced to dissolve the marriage between the 1st respondent and the 1st petitioner and that the de facto complainant has also been given the monetary benefits as agreed to between the parties. It is in the background of these facts and circumstances that the aforementioned Crl. M.C. has been filed with the prayers to quash Annexure A1 FIR, Annexure A3 final report and proceedings in C.C. No. 953/2013 pending before the Judicial First Class Magistrate's Court -III, Kottayam.

(2.) THE Crl. M.C. has been admitted and Smt. V.P. Santhi has taken notice for the 1st respondent and the learned Public Prosecutor has taken notice for the 2nd respondent -State of Kerala.

(3.) THE learned counsel for the petitioners has submitted that during the pendency of the aforementioned criminal proceedings, the matter has been settled amicably between the parties, which has resulted in the subject matter of the aforementioned crime/case and that the continuation of the proceedings in the above case/crime will cause miscarriage of justice to both parties as the real disputants to the case have arrived at an amicable settlement and any further continuation of the criminal proceedings will amount to sheer wastage of time and money and would unnecessarily strain the judicial, administrative and financial resources of the State.