KAVALAKATT TOJO Vs. THE STATE OF KERALA

JUDGEMENT

(1.) THE petitioner is the accused in C.C. No. 1584/2013 on the file of the Judicial First Class Magistrate's Court -I, Parappanangadi, which arose out of Crime No. 256/2013 of Tenhipalam Police Station. The aforementioned crime was registered at the instance of the 2nd respondent herein, for the offences punishable under Section 498A of the IPC. Annexure A1 is the copy of the F.I.R. and Annexure A2 is the final report in this case, which has led to C.C. No. 1584/2013 on the file of the aforementioned court. During the pendency of the case, the disputes between the parties have been amicably settled and that the petitioner and the 2nd respondent -wife are now living together, it is averred. Annexure A3 is the affidavit sworn to by the 2nd respondent -wife stating that the disputes have been entirely and amicably settled and that they are living together and that she has no objection in quashing the entire proceedings in C.C. No. 1584/2013 on the file of the Judicial First Class Magistrate's Court -I, Parappanangadi. It is in the background of these facts and circumstances that the petitioner has chosen to file the present Crl.M.C. with the prayer to quash the entire proceedings in C.C. No. 1584/2013 on the file of the Judicial First Class Magistrate's Court -I, Parappanangadi, arising out of the aforementioned crime.

(2.) THE Crl.M.C. has been admitted and Sri. K.P. Sudheer 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 is 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.