JAYASREE Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application filed by the sole accused who is the daughter of the second respondent to quash further proceedings in C.C. 1201/2013 of Judicial First Class Magistrate Court-II, Thiruvananthapuram on the basis of settlement under S. 482 of Code of Criminal Procedure. It is alleged in the petition that the petitioner is the sole accused in C.C. 1201/2013 on the file of the Judicial First Class Magistrate Court-II, Thiruvananthapuram. The case was originated on the basis of a complaint filed by the second respondent against the petitioner alleging cruelty and act of neglect to maintain him and also commission of offence under Ss. 24 and 25 of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 as Crime No. 44/2013 of Fort police station of Thiruvananthapuram District and after investigation, final report was filed and it was taken on file as C.C. No. 1201/2013 and pending before Judicial First Class Magistrate Court-II, Thiruvananthapuram. Now, the matter has been settled between the parties and the petitioner is looking after the affairs of the second respondent and on account of the settlement, second respondent does not want to prosecute the petitioner and no purpose will be served by proceeding with the case as well. Since it is a non-compoundable offence and they could not file application before the court below for this purpose. So the petitioner has no other remedy except to approach this court seeking the following relief:--

(2.) Second respondent appeared through counsel and submitted that the matter has been settled and he is satisfied with the conduct of the petitioner who is his daughter and he does not want to prosecute the petitioner any longer on account of the fact that she is now looking after him and he filed an affidavit stating these facts.

(3.) The counsel for the petitioner also submitted that in view of the settlement, there is no possibility of conviction and so he prayed for allowing the application.