JOHNKUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner is the sole accused in crime No. 1150/2014 of the Thaliparamba Police Station. The copy of the FIR has been transmitted to the Judicial First Class Magistrate's Court, Thaliparamba. The crime was registered on the basis of the statement recorded from the 2nd respondent for offences under Sections 448, 341, 323 and 354 of IPC. The allegation in the complaint against the accused is that on 5.9.2014 at about 3 p.m., the accused, who is the father -in -law of the son of the de facto complainant, trespassed into the de facto complainant's house and assaulted her with hands and torn out the maxi worn by her and pushed down her daughter -in -law and had thrown away one mobile phone, etc. It is the case of the petitioner that the alleged incidents occurred in respect of certain disputes between the petitioner and the de facto complainant, who are related through the marriage of their respective children, and that it was certain disputes between these two families that has resulted in the untoward incidents and that the well -wishers of both parties had intervened and by their effective mediation, the parties have now agreed to settle all their disputes as close relatives and to bring peace and harmony between the two families and that the relationship is now cordial. The 2nd respondent - de facto complainant has sworn to Annexure A2 affidavit dated 8.1.2014, wherein it is stated that the deponent and the accused are relatives through marriage and that due to the intervention of well -wishers and close relatives, the disputes have been amicably settled and she has no subsisting grievance against the petitioner -accused and that it is decided to compound and compromise the offences and that she has no objection in quashing the case against the petitioner in Crime No. 1150/2014 of Thaliparamba Police Station and that her daughter -in -law, Smt. Soumya, who is also an aggrieved person, has also sworn to Annexure A3 affidavit saying that she has settled the disputes with the accused and that she has no subsisting grievance against the petitioner -accused and has no objection in quashing the case against the petitioner in crime No. 1150/2014 of Thaliparamba Police Station, etc. It is in the background of these facts and circumstances that the petitioner has chosen to file this Criminal Miscellaneous Case (Crl. M.C.) with the prayer to quash Annexure I FIR in crime No. 1150/2014 of Thaliparamba Police Station, against the petitioner, now pending before the Judicial First Class Magistrate Court, Thaliparamba.

(2.) THE Crl. M.C. has been admitted and Sri. Saju. P. Panicker has taken notice for the 2nd st 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 is 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.