GOPAKUMAR Vs. STATE OF KERALA

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 petitioners.

(2.) The 1st petitioner is the son of 2nd petitioner. The 2nd respondent is the wife of 1st petitioner. The marriage between the 1st petitioner and the 2nd respondent was solemnized on 3.12.2009. While they were living as husband and wife , disputes cropped up and the parties fell apart. At the instance of the 2nd respondent herein, Crime No.159 of 2014 of Sooranad Police Station was registered alleging offences punishable under Sections 498 A and 323 read with Section 34 of the IPC. After investigation final report was laid before the jurisdictional Magistrate and the case is now pending as C.C.No.594 of 2015 on the file of the Judicial Magistrate of 1st Class, Sasthamcotta.

(3.) The 2nd respondent had also instituted separate proceedings seeking divorce, recovery of money and gold and also for maintenance. During the pendency of the proceedings, good sense prevailed and they decided to give a quietus to their disputes. They felt that no purpose will be served in spending their life in the Corridors of the Court. Annexure A2 is the compromise decree which also contains the terms of the settlement. The 2nd respondent has agreed to withdraw the criminal prosecution and it is on the above basis that this petition is filed with a prayer to quash the proceedings.