LAWS(KER)-2017-2-1

VINEETH MOHAN Vs. STATE OF KERALA AND ANR.

Decided On February 02, 2017
Vineeth Mohan Appellant
V/S
STATE OF KERALA And ANR. Respondents

JUDGEMENT

(1.) This petition is filed under section 482 of the Code of Criminal Procedure ( "the Code" for brevity ) with a prayer to quash the proceedings pending against the petitioner.

(2.) On the basis of an FIR lodged by the 2nd respondent, who is the wife of the petitioner, Crime No.786 of 2012 of the Mulavukad Police Station was registered and investigation was taken up for offences punishable under Sections 420 , 498A and Section 3(1)(c) of the Scheduled Castes and Scheduled Tribes (prevention of Atrocities) Act, 1989.

(3.) It is submitted that the Crime was registered due to temperamental differences and minor skirmishes which usually occur between husband and wife in the course of their matrimonial relationship. According to the learned counsel appearing for the parties, they have decided to part ways and Annexure-II petition seeking for divorce by mutual consent has been filed before the Family Court, Ernakulam. In accordance with the arrangement entered, an affidavit sworn to by the wife is also placed on record, wherein she expresses her desire to put an end to the criminal prosecution initiated against the petitioner.