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2009 Supreme(Ker) 1052

M.SASIDHARAN NAMBIAR
Biju Eappen – Appellant
Versus
State of Kerala – Respondent


Advocates appeared:
For the Petitioner:K. Mohanakannan, Advocate. For the Respondents: Public Prosecutor.

Judgment :

Petitioner is the first accused and second respondent the defacto complainant in C.C.No.73/2007 on the file of Judicial First Class Magistrate's Court, Nilambur. By Annexure-A1 judgment, accused 2 and 3 were acquitted and petitioner/first accused was convicted for the offence under Section 498A of Indian Penal Code and sentenced to simple imprisonment for five months and a fine of Rupees Five thousand. Challenging the conviction and sentence, Crl.A.No.57/2009 was filed before Sessions Court, Manjeri and it is pending. Meanwhile, entire matrimonial disputes between the petitioner and second respondent, his wife, the defacto complainant, were settled in respect of all the cases pending between them. Consequent to the settlement and in view of the agreement entered into by the petitioner and second respondent, to settle all the disputes, this petition is filed under Section 482 of Code of Criminal Procedure to quash the conviction and sentence now pending in Crl.A.No.57/2009. Annexure-A3 affidavit/ joint statement of the petitioner and second respondent was produced, which shows that there has been a complete settlement of all the matrimonial disputes.

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