Babu vs State Of Kerala And Ors

Petition under Section 482 of the Code of Criminal Procedure.

The petitioner is the accused in Crime No. 1457 of 2017 of Pathanamthitta Police Station registered for the offence punishable under Section 498A of Indian Penal Code, now pending as C.C. No. 1 of 2018 on the file of the Judicial First Class Magistrate Court, Pathanamthitta.

Heard both sides and perused the records.

It is submitted by the learned counsel for the petitioner that the parties resolved the entire dispute among themselves and a compromise was arrived at between them and thus decided to separate, by filing a joint petition for divorce. Therefore, this petition to quash the FIR and the final report.

Learned counsel appearing for the 2nd respondent/defacto complainant has submitted that she has absolutely no grievance or complaint against the petitioner. Annexure A4, the affidavit sworn to by her, indicates that she has no intention to pursue the matter further.

The learned Public Prosecutor has reported that the prosecution has no serious objection in allowing the petition.

As the dispute has been amicably settled, the possibility of conviction is remote and bleak. It is also submitted that, the petitioner husband has agreed to alienate certain properties in favour of the son of the couple apart from the other conditions for maintenance of the 2nd respondent. It is also revealed from the agreement executed between the parties that she had received back her entire gold ornaments and money and hence waived all her claims.

Therefore, considering the special facts and circumstances involved in this case, I find that no fruitful purpose is likely to be served by proceeding with the matter against the petitioner. Moreover, no public interest is involved in the case and there is no legal impediment in granting the prayer as sought for by the petitioner. Therefore, for the purpose of securing the ends of justice, this Crl.M.C. is only to be allowed.

For the foregoing reasons, Annexures A1 and A2 FIR and final report and all further proceedings in C.C. No. 1 of 2018 on the file of the Judicial First Class Magistrate Court, Pathanamthitta arising from Crime No.1457 of 2017 of Pathanamthitta Police Station, will stand quashed as prayed for.