NITHESH Vs. THE STATE OF KERALA

JUDGEMENT

(1.) THE petitioners herein are arrayed as accused in crime No. 463/2012 of Viyyoor Police Station, Thrissur district. The crime has been registered on the basis of the complaint of the 2nd respondent -wife against the petitioners alleging commission of offences under Sections 498A, 403, 406, 452, 323, 354, 427 read with Section 34 of the IPC. The case of the prosecution is that the petitioners with the intention to cheat the de facto complainant, have committed the matrimonial cruelty against her, mentally and physically and by demanding more dowry from her and by misappropriating her gold ornaments. The investigating officer after completion of the investigation, filed Annexure A2 final report and the matter is now pending as C.C. No. 3601/2012 on the file of the Judicial First Class Magistrate's Court -I, Thrissur. It is averred that the disputes between the petitioners and the 2nd respondent have been amicably settled by the intervention of well -wishers of both sides and that the 1st petitioner (husband) and the 2nd respondent (wife) are living together as husband and wife and that the 2nd respondent -wife has sworn to Annexure A3 affidavit stating that the matter has been amicably settled between the parties and that she does not press the continuance of the impugned criminal proceedings against the petitioners as any further continuance of the criminal proceedings would seriously affect the cordial relationship between the petitioners and the 2nd respondent and that she is now living together with the 1st petitioner in the residence of the 1st petitioner and that she has no existing grievance against the 1st petitioner and that the impugned criminal proceedings may be quashed by this Court as otherwise it would create disharmony in the now restored marital relationship causing her irreparable injury and hardship, etc. It is in the background of these facts and circumstances that the aforementioned Crl.M.C. has been filed to quash Annexure -A1 F.I.R. in crime No. 463/2012 on the file of the Viyyoor Police Station and to quash Annexure -A2 final report in the aforementioned crime, which has led to C.C. No. 3601/2012 before the Judicial First Class Magistrate's Court -I, Thrissur.

(2.) THE Crl.M.C. has been admitted and Sri. P.P. Biju 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 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.