Larkin Paul vs State Of Kerala

Gopinath P, J

Petitioners face prosecution in Crime No.1037 of 2021 of Guruvayoor Police Station, Thrissur District, for commission of offences under Sections 498(A), 406 and 34 of the Indian Penal Code. The matter is now pending as C.C.No.1279 of 2021 on the file of the Judicial First Class Magistrate Court, Chavakad. The 1st petitioner is the husband of the 3rd respondent. The 2nd petitioner is the mother of the 1st petitioner. The 3rd petitioner is the sister of the 1st petitioner and the 4th petitioner is the husband of the 3rd petitioner. The allegation against the petitioners is that while the 1st petitioner and the 3rd respondent were residing together, the 3rd respondent was subjected to matrimonial cruelty by the petitioners at their house by demanding more dowry. It was also alleged that the 1st petitioner obtained Rs.2,00,000/- from the 3rd respondent and Rs.50,000/- from the her father and thereby they committed the offences alleged against them.

The learned counsel appearing for the petitioners would submit that the disputes arose on account of other matrimonial disputes between the 1st petitioner and the 3rd respondent. It is submitted that all disputes between the 1st petitioner and the 3rd respondent have been settled. It is submitted that the proceedings against the petitioners in Crime No.1037 of 2021 of Guruvayoor Police Station, Thrissur District, which is now pending as C.C.No.1279 of 2021 on the file of the Judicial First Class Magistrate Court, Chavakad, may be quashed on the basis of settlement.

The learned counsel for the petitioners and the learned counsel appearing for the 3rd respondent would confirm that the matters have been settled.

The learned Public Prosecutor submits that though no affidavit has been executed by the 3rd respondent, as per the statement recorded from the 3rd respondent, the issues have been settled.

Having regard to the facts and circumstances of the case, considering the nature of allegations and taking into account the submissions of the learned counsel for the 3rd respondent and the Public Prosecutor, I am of the view that this is a fit case where jurisdiction of this Court under Section 482 of the Cr.P.C can be invoked and the proceedings against the petitioners can be quashed on the basis of settlement. No public interest will be served by continuing with the proceedings against the petitioners.

Accordingly, this Crl.M.C is allowed and all further proceedings in C.C.No.1279 of 2021 on the file of the Judicial First Class Magistrate Court, Chavakad will stand quashed as against the petitioners.