K M MOHAMMED SALIM Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are the husband, mother-in-law and brother-in- law of the second respondent/defacto complainant. They face allegations under Section 498A r/w. 34 I.P.C. Proceedings commenced on the basis of a private complaint filed by the second respondent, which was forwarded to the police under Section 156(3) Cr.P.C. Cognizance was taken on the basis of the final report filed by the police after due investigation. The matter is pending before the learned Magistrate.

(2.) The petitioners have come before this Court during the pendency of the proceedings to apprise the Court of the fact that the dispute between the parties has been settled. Divorce has been effected. All payments due consequent to such divorce has been effected. Annex.II agreement has been entered into between the spouses. The disputes having thus been settled, the parties are residing separately and the pending prosecution continues to be unnecessary. In these circumstances the petitioners have come before this Court along with the second respondent to request the court to prematurely terminate the proceedings against the petitioners.

(3.) The learned counsel for the second respondent vouches that the matter has been settled between the parties and he has been personally apprised of such settlement by the second respondent. The second respondent is not now interested in further prosecuting this case, submits the counsel.