Faizal vs State of Kerala and Asyath Safiyath B.A.

Thomas P. Joseph, J.—Petitioner is the first accused in Crime No. 670 of 2010 of Bekal Police Station for offence punishable u/s 498A read with Section 34 of the Indian Penal Code. Respondent No. 2 filed a complaint before learned Judicial First Class Magistrate-II, Hosdurg alleging that Petitioner and accused 2 to 5 subjected her to cruelty demanding more ornaments. That complaint was forwarded to the Police for investigation. Police registered a case. Petitioner seeks to quash proceeding on the strength of a settlement reached with Respondent No. 2, the defector complainant. I have heard learned Counsel for Petitioner, Respondent No. 2 and the learned Public Prosecutor.

Learned Counsel for Petitioner and Respondent No. 2 submitted that the dispute is settled between Petitioner and Respondent No. 2 and that Respondent No. 2 has no objection in quashing the proceeding against Petitioner and accused 2 to 5 (who have not joined in this Crl. M.C.). Annexure-2 is the agreement executed between Petitioner and Respondent No. 2. Respondent No. 2 undertook that she will settle the criminal case (Crime No. 670 of 2010) filed before the Bekal Police. Annexure-3 is the affidavit of Respondent No. 2. There, it is stated that the dispute between herself and Petitioner is settled. Learned Counsel for Respondent No. 2 has submitted that Respondent No. 2 has no objection in quashing proceeding against Petitioner and accused 2 to 5 in view of Annexures-2 and 3, agreement and affidavit.

Since the dispute is personal to and between Petitioner and Respondent No. 2 and that the dispute is settled I am inclined to allow the request as continuance of the proceeding would only be a wasteful exercise.

Resultantly this Criminal Miscellaneous Case is allowed. FIR in Crime No. 670 of 2010 of Bekal Police Station and all proceeding pursuant to it against Petitioner and accused 2 to 5 are quashed.