Ratheesan K.V vs State Of Kerala

Mohammed Nias C.P., J

The petitioner is the accused in Crime No.258/2021 of Hosdurg Police Station, Kasargod District and the offences alleged against the petitioner are

under Sections 498A, 323 and 406 of the Indian Penal Code.

The 2nd respondent is the wife of the petitioner. Their marriage was solemnized on 11.12.2020. The 2nd respondent filed a complaint before the

Judicial First Class Magistrate-I, Hosdurg which was referred to the police for investigation, in which the petitioner, his mother and his brother and

sister were named. The police filed a report deleting the names of all other accused.

Heard the learned counsel for the petitioner, the learned Public Prosecutor as well as the learned counsel for the second respondent.

It is submitted by respective counsel that the petitioner and the second respondent have arrived at an amicable settlement and Annexure A3 is the

affidavit filed. Annexure A4 is the agreement entered into between the petitioner and the second respondent. The affidavit, inter alia, states that all the

disputes are settled and that the pendency of criminal proceeding would cause hardship to all the parties.

From the submission across the Bar and perusing the criminal M.C. and the affidavit referred above, I am satisfied that there has been an amicable

settlement and that there is no vitiating circumstances in the respondent filing the affidavit. No purpose will be served by continuing the proceedings in

the above circumstances.

In view of the judgment of the Hon'ble Supreme Court in Gian Singh v. State of Punjab and another [2012 (10) SCC 303] and considering the

facts and circumstances of the case and in exercise of power of this Court under Section 482 of the Code of Criminal Procedure, I hereby quash

Annexure A1 Final Report and all further proceedings in Crime No.258 of 2021 of Hosdurg Police Station against this petitioner.

The Crl.MC is allowed as above.