The petitioners herein are wife and husband. They are the two accused in Crime No.1336/2013 of the Kundara Police Station, registered under Section 24 of the Maintenance and Welfare of Parents and Senior Citizens Act 2007. The crime was registered on the complaint of the 1st petitioner's father K.K.Koshy, who is a retired teacher, now aged 89 years. His complaint is that he is not being looked after and maintained by his daughter. After investigation the police submitted final report in court, and the matter is now pending before the Judicial First Class Magistrate Court-I, Kollam as C.C No.1271/2013. The petitioners seek orders under Section 482 of the Code of Criminal Procedure, quashing the prosecution on the ground that they and the father have settled the whole dispute amicably, and that the father is now happily and comfortably living with the daughter.
2. The complainant K.K.Koshy is the 1st respondent in this proceeding. For verifying the truth of the settlement reported by the parties the 2nd respondent was directed to be produced in Court. He was produced in Court by the petitioners themselves, and when Crl.M.CNo.4885 of 2014 2 interacted in open court he submitted that the complaint happened to be filed by him on some misapprehension and at the instance of his son, that he is happy with the daughter now, and that he has no grievance or complaint. He also hopes that he could continue happily with the daughter. He has filed affidavit to the effect that he has settled the dispute with the petitioners and that he has no grievance or complaint. There is also police report that the matter stands well settled, and that the complainant Sri.Koshy is happy and comfortable now with his daughter and son-in-law. In the above circumstances the prosecution can well be quashed because continuance of prosecution will not serve any purpose other than wasting the precious time of the Court.
In the result, this Criminal Miscellaneous Case is allowed. The prosecution pending against the petitioner herein in C.C.No.1271/2013 of the Judicial First Class Magistrate Court-I, Kollam will stand quashed under Section 482 of the Code of Criminal Procedure, and the petitioners will stand released from prosecution. The bail bond, if any, executed by the petitioners will stand discharged.
P.UBAID JUDGE ab