This is a petition filed under Section 482 Cr.P.C. by the accused in C.C.No.505 of 2011 of the Judicial First Class Magistrate’s Court, Changanassery for getting Annexure B Final Report in C.C.No.505 of 2011 of the said court and all further proceedings based on it, quashed. 2. The aforesaid case before the court below is one alleging an offence punishable under Section 498A read with Section 34 IPC. The allegation against the petitioners is that they have tortured and harassed the defacto complainant, who is the wife of the 1st petitioner and treated her with cruelty within the meaning of Section 498A IPC.
3. The defacto complainant is the 3rd respondent herein. After Annexure B Final Report, the matter has been amicably settled between the parties and they have Crl.M.C.No.6342/2014 : 2 :
preferred a joint petition seeking divorce before the Family Court Kottayam at Ettumanur under Section 13 B of the Hindu Marriage Act. The 3rd respondent has filed an affidavit stating in detail that the matter has been amicably settled between the parties and therefore, she does not want to proceed with the case before the court below. The 3rd respondent entered appearance through her counsel. The learned counsel for the 3rd respondent also endorses the fact that the affidavit has been filed by the 3rd respondent and the matter has been amicably settled between the parties. When the matter has been amicably settled and all the matrimonial disputes have been settled between the parties, there is no meaning in proceeding with the case before the court below. Therefore it is just and proper to quash Annexure B Final Report and all further proceedings in C.C.No.505 of 2011 of the Judicial First Class Magistrate’s Court, Changanassery.
In the result, this Crl.M.C. is allowed and Annexure B Final Report as against the petitioners and all further Crl.M.C.No.6342/2014 : 3 :
proceedings in C.C.No.505 of 2011 of the Judicial First Class Magistrate’s Court, Changanassery are hereby quashed.
Sd/-
B.KEMAL PASHA, JUDGE DSV/14/11