BINU MATHEW Vs. SHERIN VARGHESE

JUDGEMENT

(1.) THE petitioner is the sole accused in C.C. No. 315/2011 on the file of the Judicial First Class Magistrate Court, Thiruvalla, alleging offences punishable under Section 498A of the Indian Penal Code. First respondent, the de facto complainant is the wife of the petitioner. The dispute between the parties was settled before the Mediation Centre of Family Court, Thiruvalla, as evident from Annexure B Memorandum of Agreement and both parties agreed to withdraw all pending cases between them including C.C. No. 315/2011 of Judicial First Class Magistrate Court, Thiruvalla. Now the first respondent has also filed Annexure C affidavit before this Court stating the said fact. The prayer in this Crl.M.C. is to quash the proceedings in C.C. No. 315/2011 on the file of Judicial First Class Magistrate Court, Thiruvalla.

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

(3.) THE allegation against the petitioner is commission of offence punishable under Section 498A of the Indian Penal Code. Now as evident from Annexure B Memorandum of Agreement and Annexure C affidavit, the entire disputes between the parties have been settled amicably and the first respondent does not want to prosecute the criminal case filed against the petitioner. The said stand was also taken by the learned counsel for the first respondent. In such circumstances, I find this is a fit case in which the proceedings in C.C. No. 315/2011 on the file of the Judicial First Class Magistrate Court, Thiruvalla, can be quashed invoking the powers of this Court under Section 482 of the Code of Criminal Procedure, in the light of the principles laid down by the Apex Court in Gian Sing's case supra.