ASEER Vs. STATE OF KERALA

JUDGEMENT

(1.) THE above captioned Criminal Miscellaneous Case (Crl. M.C.) has been filed with the prayers to quash the impugned Annexure -A1 final report/charge sheet in Crime No. 625/2013 of Nilambur Police Station, Malappuram district, which has led to Calendar case, C.C. No. 831/2014 pending on the file of the Judicial First Class Magistrate Court, Nilambur, and all further proceedings arising therefrom. The petitioner is the 1st accused in Crime No. 625/2013 of Nilambur Police Station, which has been registered for offences punishable under Sections 498A, 406 and 323 read with Section 34 of the IPC. Initially there were altogether three accused including the petitioner. The gist of the allegations is that the petitioner (A1) had married the de facto complainant on 9.3.2013 and had dishonestly misappropriated eight sovereigns of gold ornaments and Rs. 10 lakhs given at the time of her marriage and had committed physical and mental cruelty on her demanding more dowry. After investigation, the Police filed the impugned Annexure -A1 final report/charge sheet in the aforementioned crime, which has led to the pendency of the Calendar Case, C.C. No. 776/2013 on the file of the Judicial First Class Magistrate Court, Nilambur. Since the petitioner was out of station, his case was split up and re -numbered as C.C. No. 831/2014. Original C.C. No. 776/2013 was tried and accused Nos. 2 and 3 in the original crime were acquitted as per Annexure -A2 judgment dated 3.9.2014 rendered by the Judicial First Class Magistrate Court, Nilambur. Now after the above said split up, C.C. No. 831/2014 is pending against the petitioner. It is stated that the entire disputes have been settled between the parties due to the intervention of the well -meaning people of the society and as such, there is no purpose in continuing the impugned criminal case as against the petitioner. It is submitted that the 2nd respondent has no grievance in the above matter and she has sworn to an affidavit dated 7.10.2014, produced Annexure A3 in this Crl. M.C., stating the above said facts and that she has no grievance against the petitioner herein and that she has no objection in the termination of the impugned criminal proceedings. It is submitted that further continuation of the impugned criminal proceedings would be a miscarriage of justice and wastage of judicial, administrative and financial resources of the State. It is in the background of these facts and circumstances that the aforementioned Crl. M.C. has been filed.

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

(3.) THE learned counsel for the petitioner 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 financial, administrative and financial resources of the State.