NOUSHAD Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner has come to this Court with a prayer to quash proceedings initiated against him under Section 498 A I.P.C. Cognizance has been taken and the case is pending before the learned Judicial First Class Magistrate, Kayamkulam. Initially it was numbered as C.C.No.358 of 2004. All the co-accused were acquitted. As the petitioner was not available, the case against him was split up and is now pending as L.P.C.No.141 of 2006.

(2.) The learned counsel for the petitioner submits that the matter is settled between the parties as per Annexure-B agreement executed on 23.09.2005. In these circumstances, the counsel prays that the prosecution pending against him may be quashed.

(3.) Sufficient time was given to the petitioner to ensure the appearance of the 2nd respondent and to file a joint application to report to the Court that the disputes between the parties have been settled. No such settlement is so reported.