VIVEK BOBBY Vs. BINU MATHEW

JUDGEMENT

(1.) THE petitioners are accused Nos. 1 and 2 in Annexure A FIR No.290/2014 registered for the offences punishable under Sections 468, 471, 419, 497 and 34 of the Indian Penal Code. The second petitioner, is the wife of the de facto complainant, the first respondent herein. The marriage between the second petitioner and the first respondent was irretrievably broken and they were living separately for the last four years. The disputes between the second petitioner and the first respondent were settled amicably and both parties have agreed to withdraw all pending cases including the crime in Annexure A FIR, which is evident from Annexure B Memorandum of Agreement entered into before the Mediation Centre of Family Court, Thiruvalla and Annexure C affidavit of the first respondent filed before this Court. Therefore, the learned counsel submits that the proceedings in Annexure A FIR may be quashed by this Court invoking the powers under Section 482 of the Code of Criminal Procedure.

(2.) HEARD , the learned counsel for petitioners, the learned counsel for the first respondent and the learned Public Prosecutor appearing for the second respondent.

(3.) THE allegation made against the petitioners are for commission of offences punishable under Sections 468, 471, 419, 497 and 34 of the Indian Penal Code. Now as evident from Annexure B Memorandum of Agreement and Annexure C affidavit, the entire dispute between the second petitioner and the first respondent has already been settled and the first respondent has also stated that she has no intention to prosecute the complaint filed against the petitioners.