Application filed under Section 482 of the Code of Criminal Procedure.
2. The petitioners are the accused in Crime No.2887 of 2014 of the Angamaly Police Station, Ernakulam District registered for the offences punishable under Sections 406, 420 and 498A r/w Section 34 of the Indian Penal code.
3. The allegation against the petitioners is that they have tortured and harassed the de facto complainant, who is the wife of the first petitioner and treated her with cruelty within the meaning of Section 498A of the Indian Penal Code, by demanding more money and gold ornaments after misappropriating her entire money and gold ornaments. The crime has been registered on the basis of a private complainant filed by the de facto complainant before Judicial First Class Magistrate Court-II, Aluva which was referred to the Police under Section 156(3) of the Code of Criminal Procedure.
4. Heard the counsel for the petitioners, learned
Crl.M.C.No.6525 of 2014
2 counsel for the de facto complainant and learned Public Prosecutor.
5. According to the petitioners, the matter has been amicably settled between the parties and presently, the de facto complainant and the first petitioner herein have jointly filed a petition for divorce before the Family Court, Ernakulam.
6. The de facto complainant who is the second respondent herein has filed an affidavit affirming that the matter has been amicably settled between her and the petitioners and a joint petition seeking divorce has already been filed by her and the first petitioner before the Family Court, Ernakulam.
7. The 2nd respondent has entered appearance through her counsel. Learned counsel for the 2nd respondent also endorses the fact that the affidavit has been sworn in by the 2nd respondent herself.
8. When the matrimonial offence has already been amicably settled between the parties and the parties have already preferred a joint petition seeking divorce, I am of the view that Annexure-A F.I.R in Crime No.2887 of 2014 of the Angamaly Police Station and all further proceedings based on it can be quashed.
Crl.M.C.No.6525 of 2014
3 In the result, this Crl.M.C. is allowed and Annexure-A F.I.R in Crime No.2887 of 2014 of the Angamaly Police Station and all further proceedings based on it are quashed.
Sd/-
B.KEMAL PASHA, JUDGE.
AS /True copy/ P.A. to Judge