KRISHNAKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in C.C.Nos.1419/2013 and 1054/2018 on the files of the Judicial First Class Magistrate Court, Karunagappally, has filed these petitions under Sec. 482 Cr.P.C to quash the proceedings in those cases.

(2.) C.C.No.1419/2013 relates to the commission of offence under Ss. 323 and 498A I.P.C in connection with the alleged cruelty and physical torture meted out to the third respondent in these petitions, who is the wife of the petitioner. C.C.No.1054/2018 is in connection with the commission of the offence under Ss. 452, 341, 294(b), 506(i), 323, 324, 354, 427 and 34 I.P.C in connection with the alleged act of the petitioner mounting assault upon the third respondent and her parents at the residence of the third respondent after the dissolution of the marriage between the petitioner and the third respondent consequent to a joint petition filed in accordance with the settlement arrived in mediation.

(3.) The main ground relied on by the petitioner for quashing the proceedings in both the above cases is that all the matrimonial issues between the petitioner and the third respondent, which gave rise to multiple proceedings before various courts, were agreed to be settled and withdrawn in accordance with the terms of settlement in mediation, attached to Annexure-3 decree of the Family Court, Chavara in O.P.No.336/2014, and that in violation of the specific agreement in the above regard, the third respondent refused to file compromise petition in C.C.No.1419/2013, and to give statement in accordance with the above compromise. It is also stated that the offence alleged are not attracted even if the allegations in the final reports filed in C.C.No.1419/2013 and C.C.No.1054/2018 are accepted as such.