THAJUDEEN Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an application filed by accused in C.C.No.839/2011 pending before the Judicial First Class Magistrate Court, No -II, Kottarakkara for quashing the proceedings on the basis of settlement under Section 482 of Code of Criminal Procedure.

(2.) IT is alleged in the petition that the first petitioner is the husband of the third respondent and petitioners 2 to 4 are his relatives. The marriage between the first petitioner and the third respondent was solemnized on 21.01.2007 and thereafter, they were living together as husband and wife. After sometime, difference of opinion arose between them and they started living separately. On the basis of the complaint given by the de facto complainant, namely third respondent, Annexure I First Information Report was registered as Crime No.517/2011 against the petitioners alleging offences under Section 498A read with Section 34 of Indian Penal Code and after investigation, Annexure II Final Report was filed and it was taken on file as C.C.No.839/2011 and pending before Judicial First Class Magistrate Court, No -II, Kottarakkara. There were number of petitions as O.P.Nos.91/11, 92/11 and M.C.No.32/11 before the Family Court, Nedumangad between the same parties and due to the intervention of mediators and well wishers of both family members, all the matters have been settled and they have decided to separate and also decided to withdraw all the cases and prosecutions initiated. On account of the settlement, there is no possibility of conviction and since the offence alleged are non compoundable in nature, they could not move the lower court for compounding the case. So, the petitioners have no other remedy except to approach this court seeking the following relief:

(3.) THE Counsel for the petitioners submitted that in view of the settlement, there is no possibility of conviction and so he also prayed for allowing the applications.