VARGHESE JIBIN 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 2nd respondent is the wife of the 1st petitioner. The petitioner Nos.2 to 5 are the near relatives of the 1 st petitioner. The marriage between the 1st petitioner and the 2nd respondent was solemnized on 11.08.2011. In the course of their connubial relationship, serious disputes cropped up. The 2 nd respondent specifically alleged that the petitioners are guilty of culpable matrimonial cruelty. This finally led to the institution of criminal proceedings at the instance of the 2 nd respondent. Annexure-A FIR was registered and after investigation, final report was laid before the learned Magistrate and the case is now pending as C.C.No.1071 of 2016 on the file of the Judicial First Class Magistrate Court-II, Cherthala. In the aforesaid case, the petitioners are accused of having committed offences punishable under Sections 323, 498A and 506(i) read with Section 34 of the IPC.

(3.) The learned counsel appearing for the petitioners submitted that at the instance of well wishers and family members, the parties have decided to put an end to their discord and have decided to live in peace. It is urged that the dispute is purely private in nature. The learned counsel appearing for the 2nd respondent, invited the attention of this Court to the affidavit filed by her and asserts that the disputes inter se have been settled and the continuance of criminal proceedings will only result in gross inconvenience and hardship. It is submitted that the 2 nd respondent has no objection in allowing the prayer sought for.