High CourtsSingle Bench(2021) 06 KL CK 0260

Dileep R.V vs State Of Kerala

High Court Of Kerala · Decided on 17 June 2021

HON’BLE JUDGES
N.Anil Kumar, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Application No.1518 Of 2021

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Judgment

19 paragraphs · 341 words

N.Anil Kumar, J

1.

This Crl.M.C. is filed seeking to quash Annexure A1 final report in Crime No. 2125 of 2017 of Mangalapuram Police Station registered for the

offence punishable under Section 498A r/w Section 34 of the Indian Penal Code pending on the file of the Judicial First Class Magistrate Court-II,

Attingal, Thiruvananthapuram as CC No. 1074 of 2018.

2.

The petitioners are arrayed as accused 1 to 3 in the above crime. The 2nd respondent is the legally wedded wife of the 1st petitioner. The Station

House Officer, Kuttiyadi Police Station, Kozhikode district filed the final report against the petitioners after investigation alleging the offence

punishable under Section 498A r/w Section 34 of the Indian Penal Code.

3.

The prosecution case, in brief, is that the accused 1 and 2, in furtherance of their common intention, ill-treated the 2nd respondent

both physically and mentally demanding more dowry from 20.05.2015 to 05.12.2017 after misappropriating the gold, cash and other articles gifted to

her by her parents.

4.

During the pendency of the proceedings, the dispute between the petitioners and the 2nd respondent has been settled. The 2nd respondent filed an

affidavit before this Court stating that the dispute has been settled.

5.

The dispute between the parties are purely matrimonial in nature and no public interest is involved in the matter. The 2nd respondent has no

objection in allowing the Crl.M.C. by quashing the proceedings. In such a case, this Court is of the view that a settlement between the parties would

lead to a better relationship between them and would resolve a private dispute. To secure the ends of justice, it is appropriate that the criminal

proceedings are put to an end in the light of the settlement and in the light of the principles laid down by the Hon'ble Supreme Court in Gian Singh v.

State of Punjab [(2012)10 SCC 303].

In the result, this Crl.M.C. is allowed. All further proceedings in CC No. 1074 of 2018 of the Judicial First Class Magistrate Court-II, Attingal,

Thiruvananthapuram stands quashed.