E.R. RAJU Vs. AMBILI RAJEEV

JUDGEMENT

(1.) THE above captioned Criminal Miscellaneous Case (Crl.M.C.) has been filed with the prayer to quash Annexure -A final report/charge sheet arising out of Crime No. 701/2012 of Chengamanad Police Station, which led to the pendency of C.C. No. 84/2014 on the file of the Judicial First Class Magistrate Court -I, Aluva. The 1st petitioner is the husband of the 1st respondent and petitioners 2 and 4 are the parents of the 1st petitioner and the 3rd petitioner is the sister of the 1st petitioner. After the marriage between the 1st petitioner and the 1st respondent, they have a son and a daughter and the spouses are living separately from 20.10.2011. The 1st respondent filed Crl. M.P. No. 1912/2012 before the Judicial First Class Magistrate Court -I, Aluva, alleging that the petitioners ill -treated her mentally and physically for extorting more dowry from her parents and the learned Magistrate directed investigation of the matter under Section 156(3) of the Cr.P.C., which led to registration of the impugned Crime No. 701/2012 of the Chengamanad Police Station, for offences punishable under Section 498A read with Section 34 of the IPC. After investigation, the Police filed the impugned Annexure -A final report/charge sheet, which led to the pendency of C.C. No. 84/2014 on the file of the Judicial First Class Magistrate Court -I, Aluva. During the pendency of the above said impugned Annexure A criminal proceedings, the 1st petitioner had filed O.P. No. 1673/2012 before the Family Court, Ernakulam, seeking the decree of divorce to dissolve his marriage with the 1st respondent and the 1st respondent had filed M.C. No. 221/2012 before the said Family Court, along with the children, seeking order for separate monthly maintenance. The 1st respondent herein also filed O.P. No. 1711/2012 seeking decree of return of patrimony and her gold ornaments, allegedly misappropriated by the 1st petitioner. During the course of the above proceedings, the 1st petitioner and the 1st respondent were referred to mediation and in the mediation proceedings, the parties arrived at an amicable settlement, whereby they settled all the disputes. Accordingly, the spouses filed O.P. No. 748/2014 before the Family Court, Ernakulam to dissolve their marriage on mutual consent under Section 13B of the Hindu Marriage Act and the terms and conditions of the settlement have been spelt out in the joint petition filed as per Annexure B and one of the terms of the settlement is that the parties would file a petition before this Court to quash the impugned Annexure -A criminal proceedings. As per the said terms of settlement, the 1st respondent has agreed that she shall withdraw the impugned criminal proceedings initiated before the Judicial First Class Magistrate Court -I, Aluva, for offence under Section 498A of IPC against the 1st petitioner and his parents and that she shall also appear through counsel before this Court or such other court, if necessary and report that she has no objection in quashing of the above said impugned criminal proceedings. The 1st respondent has sworn to affidavit dated 14.10.2014 produced in this Crl.M.C., wherein she has stated that all the matrimonial disputes between the petitioners and herself have been fully and finally settled as per the terms and conditions in Annexure B produced in this Crl.M.C. and that she has no objection in Annexure -A final report/charge sheet in C.C. No. 84/2014 of the Judicial First Class Magistrate Court, -I, Aluva, being quashed, as per the settlement arrive at, as per Annexure B herein, etc. It is in the background of these facts and circumstances, that the aforementioned Crl.M.C. has been filed.

(2.) THE Crl.M.C. has been admitted and Sri. R. Githesh has taken notice for the 1st respondent and the learned Public Prosecutor has taken notice for the 2nd 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 financial, administrative and financial resources of the State.