K S NAIR Vs. SAVITHA S NAIR

JUDGEMENT

(1.) Rule. Learned APP waives service for 2nd respondent. Learned Counsel for 1st respondent waives service. Taken up for final hearing. The prayer in this petition is for quashing the offences registered under Sections 498A, 406, 506(II) read with Section 34 of IPC. The 1st respondent was the wife of the petitioner. After registration of the offence, before the Marriage Counselor in the Family Court, the parties arrived at a settlement and agreed to take divorce by mutual consent. In the consent terms, the 1st respondent agreed not to prosecute the criminal proceedings. Subsequently, it is pointed out that on 17th September 2012, on the basis of consent terms, a pending Matrimonial Petition filed by the petitioner has been converted into a Petition under Section 13B of the Hindu Marriage Act, 1955 and the marriage has been dissolved by a decree of divorce by mutual consent.

(2.) The learned Counsel appearing for the 1st respondent, on instructions of the 1st respondent, states that in view of settlement of matrimonial dispute, she has no objection for quashing the proceedings.

(3.) We are satisfied that now there is a complete settlement in the matrimonial dispute. Registration of offences was the outcome of the matrimonial dispute. Hence, continuation of criminal proceedings will cause prejudice both to the petitioner and the 1st respondent. Hence, we pass the following order:-