ANIL S SOMASUNDARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are the sole accused and the defacto complainant in a prosecution under Section 498A I.P.C.Cognizance has been taken on the basis of a final report submitted by the police. The proceedings were initiated with a private complaint filed by the second petitioner/wife alleging commission of the offences punishable under Section 498A I.P.C. against the first petitioner/husband.The prosecution is pending before theJ.F.C.M. Court, Pattambi as C.C. No. 51 of 2005.

(2.) The petitioners have come before this Court with a joint request that the proceedingsinitiated by the second petitioner may be quashed invoking the powers under Section 482 Cr.P.C. The spouses have settled their disputes amicably and they have decided to file a joint application for divorce under Section 13(B) of the Hindu Marriage Act. Such application has already been filed and the same is pending before the Family Court, Palghat.

(3.) The averments in the petition show, the submissions of the learned counsel for the petitioners confirm and the affidavit filed by the second petitioner duly attested by counsel and the signature in which is vouched by the counsel for the petitioners, confirm beyond controversy that the parties havesettledtheir disputes.Iamsatisfiedthat the composition andthe settlement, if legally permissible, can be accepted and the prosecution can be quashed.