KALANDER U. Vs. STATE OF KERALA

JUDGEMENT

(1.) C .C. No. 1795/2014 on the file of the Judicial First Class Magistrate's Court -I, Kasargod, arose out of crime registered at the instance of the 4th petitioner herein, who is wife of the 1st petitioner. The matter was investigated by the Police and later filed final report in the matter, which led to C.C. No. 1795/2014 on the file of the aforementioned court. The 4th petitioner has filed Annexure A2 copy of settlement/deed of agreement between the parties and the parties have chosen to arrive at a mediated settlement of their disputes and found that they could not continue their matrimonial relationship any further and agreed for divorce. On that basis, the 1st petitioner has pronounced thalaque and issued letter of divorce dated 7.5.2014 to the 4th petitioner and that the 4th petitioner has received all her claims under the Muslim Women Protection of Rights on Divorce Act, 1986, including her fair provision for past and future maintenance and that nothing more is due to the 4th petitioner from the 1st petitioner and that Rs. 4,50,000/ - (rupees four lakhs and fifty thousand only) has been paid to the 4th petitioner by the 1st petitioner in cash. It is in the background of these facts and circumstances that both the husband and wife jointly filed this Crl. M.C. praying to quash Annexure 1 final report and all further proceedings in C.C. No. 1795/2014 on the file of the Judicial First Class Magistrate's Court -I, Kasargod.

(2.) THE Crl. M.C. has been admitted and the learned Public Prosecutor has taken notice for the 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 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.