Application filed under Section 482 of the Code of Criminal Procedure.
2. Petitioners are the accused in C.C No.2327 of 2014 of the Judicial First Class Magistrate's Court, Irinjalakuda which has arisen from Crime No.1667 of 2011 of the Irinjalakuda Police Station, for the offences punishable under Sections 498A and 406 r/w Section 34 of the Indian Penal code. Even though there were 4 accused initially, it has been brought to the notice of this court that the 4th accused had committed suicide during the pendency of the case and presently accused Nos.1 to 3 have come up with the prayer to get Annexure-II final report and all further proceedings in C.C No.2327 of 2012 of the Judicial First Class Magistrate's Court, Irinjalakuda, quashed.
3. According to the petitioners, all the disputes in the case have been amicably settled between the parties and the parties have opted to separate. All the claims of the de facto complainant who is the 3rd respondent were settled and she has no complaints against the petitioners. The 3rd respondent has Crl.M.C.No.5213 of 2014 2 filed an affidavit affirming that the matters have been amicably settled and she has no complaints against he petitioners.
4. Heard the counsel for the petitioners and learned Public Prosecutor.
5. The 3rd respondent has entered appearance through her counsel. Learned counsel for the 3rd respondent also endorses the fact that the affidavit is sworn in by the 3rd respondent and that the matter has been amicably settled. In a matrimonial disputes like the present one, when all the disputes have been settled, there is no meaning in proceeding with the trial of C.C No.2327 of 2012 of the Judicial First Class Magistrate's Court, Irinjalakuda and therefore, all the said proceeding can be quashed in the interest of justice.
In the result, this Crl.M.C. is allowed and Annexure-II final report in Crime No.1667 of 2011 of the Irinjalakuda Police Station and all further proceedings in C.C No.2327 of 2012 based on it pending before the Judicial First Class Magistrate's Court, Irinjalakuda are quashed.
Sd/-
B.KEMAL PASHA, JUDGE.
AS /True copy/ P.A. to Judge