GEORGE Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner is the accused in C.C. No. 878/2013 pending on the file of the Judicial First Class Magistrate's Court -I, Cherthala. This arose out of crime No. 1945/2012 of Cherthala Police Station alleging offence under Section 498A of the I.P.C. against the petitioner, at the instance of the 2nd respondent, who is wife of the petitioner. There occurred disputes between the petitioner and the 2nd respondent in their matrimonial relationship. It is averred that due to the intervention of mediators and well -wishers, the disputes between the petitioner and the 2nd respondent have been amicably settled and the 2nd respondent has voluntarily agreed not to proceed with the criminal proceedings against the petitioner herein and agreed for quashing the said proceedings initiated at her behest. The marriage between the petitioner and the 2nd respondent has already been dissolved by the Family Court, Alappuzha and the de facto complainant has been given monetary reliefs. The 2nd respondent has sworn to Annexure A3 affidavit stating that she has no objection in quashing the impugned criminal proceedings initiated by her against the petitioner, which has led to C.C. No. 878/2013 now pending before the aforementioned court below and that she does not intend to proceed with the said criminal proceedings any further and that said proceedings are now unwarranted. It is in the background of these facts and circumstances that the petitioner has chosen to file this Crl.M.C. with the prayer to quash Annexure A2 final report and all further proceedings taken in pursuance of C.C. No. 878/2013 on the file of the Judicial First Class Magistrate's Court -I, Cherthala.

(2.) THE Crl.M.C. has been admitted and Sri. K. Ramanathan 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 petitioner 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.