Petitioners are A1 to A4 in Crime No.902/2013 of the Valapattanam Police Station, Kannur registered for the offence punishable under Section 498A read with Section 34 of the Indian Penal Code.
2. Petitioners have come up with this Crl.M.C. under Section 482 Cr.P.C. for getting Annexure-I charge sheet and all further proceedings based on it in C.C.1650/2013 pending before the Judicial First Class Magistrate's Court, Kannur, quashed.
3. The allegation against the petitioners is that they have tortured and harassed the defacto complainant, who is the wife of the 1st accused, and treated her with cruelty CRL.M.C.No.6854 of 2014 -: 2 :-
within the meaning of Section 498A IPC, by demanding more dowry.
4. Heard learned counsel for the petitioners, the learned counsel for the defacto complainant, who is the 1st respondent herein, and the learned Public Prosecutor.
5. According to the petitioners, all the matters in dispute between the petitioners and the defacto complainant have been amicably settled and presently the defacto complainant has no complaints against the petitioners and, therefore, the proceedings against the petitioners may be quashed.
6. The defacto complainant, who is the 1st respondent herein, has filed an affidavit affirming that all the matters in dispute between her and the petitioners have been amicably settled and, therefore, she has no complaints against the petitioners, and, hence, all further proceedings in the matter referred to above can be quashed. She has entered appearance through her counsel. The learned CRL.M.C.No.6854 of 2014 -: 3 :-
counsel for the defacto complainant also endorses the fact that the affidavit has been sworn in by the defacto complainant on her own volition.
7. Through a settlement the 1st petitioner and the 1st respondent are living together as husband and wife and are leading a peaceful married life. Therefore, it is only just and expedient in the interest of justice to quash the proceedings referred to above.
In the result, this Crl.M.C. is allowed and Annexure-I charge sheet and all further proceedings based on it in C.C.1650/2013 pending before the Judicial First Class Magistrate's Court, Kannur, are hereby quashed.
ul/-
Sd/- B.KEMAL PASHA, JUDGE [True copy] P.S. to Judge