T NIZAR Vs. HAJRA MTP

JUDGEMENT

(1.) Petitioner is the 1st accused in a prosecution, inter alia, under Section 498 A I.P.C. The co-accused have already been tried and acquitted, it is submitted. Proceedings were initiated on the basis of a private complaint filed by the 1st respondent. Cognizance was taken on the basis of the final report submitted by the police after investigation.

(2.) When the matter came up for hearing, the learned counsel for the petitioner submits that the matter has been settled between the parties amicably and they have legally separated. They are residing separately after divorce and continuance of this prosecution remains an unnecessary irritant in the relationship between the parties. The petitioner relies on Annexure-AIII agreement and Annexure-AIV judgment in the prosecution against the co-accused to drive home his contention that the matter has been settled amicably between the parties.

(3.) The 1st respondent has entered appearance through counsel. The 1st respondent is reported to be employed abroad now. The learned counsel for the 1st respondent Sri.Santhosh Kumar confirms that the matter has been settled and states at the Bar that he has been personally informed by the 1st respondent that the matter is settled. If the Court were to insist on a joint statement, it would again unnecessarily protract the proceedings, it is submitted.