Jayasree vs State of Kerala and The Sub Inspector of Police

Thomas P. Joseph, J.—Petitioner, the de facto complainant in Crime No. 110 of 2011 of Alathur Police Station for offences punishable under Sections 498A, 323 and 294(b) read with Section 34 of the Indian Penal Code seeks to quash proceeding against the accused in the said proceeding on the strength of a settlement. On Petitioner filing Annexure-A, complaint before learned Judicial First Class Magistrate, Alathur against her husband and others, learned Magistrate forwarded the complaint to the Alathur Police for investigation u/s 156(3) of the Code of Criminal Procedure and thereon, the police registered a case. Petitioner states that she has settled the dispute with the accused. Annexure-C is the joint petition filed by Petitioner and her husband before the Family Court, Palakkad u/s 13B of the Hindu Marriage Act seeking divorce. Petitioner states that she does not want to proceed against the accused. I have heard learned Counsel for Petitioner and the learned Public Prosecutor.

Fact of settlement of the dispute is confirmed by learned Counsel for Petitioner. Since Petitioner/de facto complainant has settled the dispute with accused who are her husband and his relatives, it is not necessary to continue the proceeding. I am therefore inclined to allow the request.

Resultantly this Criminal Miscellaneous Case is allowed. Annexure-B, FIR in Crime No. 110 of 2011 of Alathur Police Station and all further proceedings pursuant to it against accused in the said crime case are quashed.