SHAMSUDHEEN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE above captioned Criminal Miscellaneous Case (Crl.M.C.) has been filed seeking the invocation of the inherent powers of this Court conferred under Section 482 of the Code of Criminal Procedure, with the prayer to quash the impugned proceedings in C.C. No. 318 of 2012 on the file of Judicial First Class Magistrate Court, Chavakkad arising out of Crime No. 793 of 2011 of Vatanappally Police Station, Thrissur. Petitioners herein are accused in C.C. No. 318 of 2012 of Judicial First Class Magistrate Court, Chavakkad arising from Crime No. 793 of 2011 of Vatanappally Police Station.

(2.) THE brief of the prosecution case is that the 2nd respondent complained that after the marriage between the 1st petitioner and the 2nd respondent, the petitioners treated the 2nd respondent with cruelty and that the petitioners have misappropriated the gold ornaments given to the 2nd respondent by her parents and that the 1st petitioner physically assaulted the 2nd respondent in his house and used abusive language. The Police registered Annexure A FIR, which led to Crime No. 793 of 2011 of Vatanappally Police Station for offences under Sections 341, 323, 294(b) and 498A r/w Section 34 of Indian Penal Code. After completing the investigation, the Police filed the impugned Annexure B final report/charge sheet in the above crime, which led to the institution of C.C. No. 318 of 2012 on the file of Judicial First Class Magistrate Court - Chavakkad. It is stated that the allegation raised against the petitioners are incorrect. It is further stated that now the petitioners and the 2nd respondent have settled the disputes between them through the intervention of relatives and mediators and that the 1st petitioner and the 2nd respondent are now living together. 2nd respondent has sworn to affidavit dated 21.10.2014, produced as Annexure C in this Crl.M.C., stating the above aspects and also further stating that she has no further grievance in the above matter and that she has no objection in quashing the criminal proceedings against the petitioners and accordingly, it is prayed that the affidavit may be accepted and this Court may quash the impugned criminal proceedings against the petitioners. It is in the background of these facts and circumstances that the aforementioned Crl.M.C. has been filed.

(3.) HEARD Sri. Rajit, the learned counsel appearing for the petitioners, Sri. Mohammed Basheer, learned counsel appearing for 2nd respondent and the learned Public Prosecutor appearing for the 1st respondent -State of Kerala.