BULKKEES Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the defacto complainant in a prosecution under Section 498 A I.P.C. Her husband is the sole accused, it is submitted. Proceedings against him were initiated on the basis of a private complaint filed by the petitioner against her husband and others. Final report was filed only against the husband of the petitioner. Cognizance has been taken. During the pendency of the prosecution, parties have allegedly settled their disputes. The petitioner has obtained a divorce from her husband. All payments legally due are arranged for. In these circumstances, the petitioner/divorced wife prays that the prosecution under Section 498 A I.P.C may be quashed.

(2.) Petitioner's husband has not been arrayed as a party. It is submitted that the husband is employed abroad and efforts to implead him would unnecessarily consume time. It is submitted that the petitioner/divorced wife having harmoniously settled her dispute with her husband, this prosecution may not be permitted to continue. The counsel relies on the decision in B.S.Joshy v. State of Haryana [A.I.R (2003) S.C 1386].

(3.) I am satisfied that the request can be accepted. Notwithstanding the fact that the petitioner's husband has not been arrayed as a party, I am satisfied that the prayer for quashing of the proceedings made by the petitioner/divorced wife can be allowed.