MOHAMMED SHAFI Vs. STATE OF KERALA

JUDGEMENT

(1.) CRIME No. 386/2011 of Kottakkal Police Station, Malappuram, alleging offences under Section 498A read with Section 34 IPC was registered against the petitioners as accused, on the basis of the complaint filed by the 2nd respondent, who is the wife of the 1st petitioner. The matter was investigated by the Police and the investigating officer filed Annexure A2 final report before the court below, which has now led to C.C. No. 1306/2011 on the file of the Judicial First Class Magistrate's Court, Malappuram. It is averred that the matter is now settled amicably and that the 1st petitioner and the 2nd respondent are living together as husband and wife since 2012 onwards and that therefore, the 2nd respondent -wife does not want to prosecute the matter any further and that she does not have any existing grievance against the petitioners. The 2nd respondent -wife has sworn to Annexure A3 affidavit dated 3.10.2014 praying that impugned criminal proceedings in C.C. No. 1306/2011 on the file of the Court of Judicial First Class Magistrate, Malappuram, be quashed, etc. It is in the light of these facts and circumstances, that the petitioners have chosen to file this Crl. M.C. praying to quash all further proceedings in C.C. No. 1306/2011 on the file of the Judicial First Class Magistrate's Court, Malappuram, arising out of crime No. 386/2011 of Kottakkal Police Station, Malappuram district.

(2.) THE Crl. M.C. has been admitted and Sri. K.A. Anish 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 has 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.