BIJU EAPPEN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the first accused and second respondent the de facto complainant in C.C.No.73/2007 on the file of Judicial First Class Magistrate's Court, Nilambur. By Annexure A-1 judgment, accused 2 and 3 were acquitted and petitioner/first accused was convicted for the offence under Section 498A of Indian Penal Code and sentenced to simple imprisonment for five months and a fine of Rupees Five thousand. Challenging the conviction and sentence, Crl.A.No.57/2009 was filed before Sessions Court, Manjeri and it is pending. Meanwhile, entire matrimonial disputes between the petitioner and second respondent, his wife, the de facto complainant, were settled in respect of all the cases pending between them. Consequent to the settlement and in view of the agreement entered into by the petitioner and second respondent, to settle all the disputes, this petition is filed under Section 482 of Code of Criminal Procedure to quash the conviction and sentence now pending in Crl.A.No.57/2009. Annexure A-3 affidavit/joint statement of the petitioner and second respondent was produced, which shows that there has been a complete settlement of all the matrimonial disputes.

(2.) Learned counsel appearing for the petitioner, second respondent and learned Public Prosecutor were heard.

(3.) Learned Public Prosecutor submitted that statement of the second respondent, the de facto complainant was subsequently recorded and it shows that entire matrimonial disputes were amicably settled.