Petitioner is the first accused in Crime No.262/2014 of the Tenhipalam Police Station, Malappuram registered for the offence punishable under Sections 406 and 498A of the Indian Penal Code.
2. Petitioner has come up with this Crl.M.C. under Section 482 Cr.P.C. for getting Annexures-A1 and A2 First Information Report and final report respectively in Crime No. 262/2014 of the Tenhipalam Police Station, Malappuram and all further proceedings based on it in C.C.1998/2014 pending before the Judicial First Class Magistrate's Court-I, Parappanangadi, quashed.
3. The allegation against the petitioner is that he has tortured and harassed the defacto complainant, who is the wife of the petitioner, and treated her with cruelty within the meaning of Section 498A IPC, by demanding more dowry, after misappropriating her entire gold ornaments and money.
4. Heard learned counsel for the petitioner, the learned counsel for the defacto complainant, who is the 2nd respondent herein, and the learned Public Prosecutor.
5. According to the petitioner, all the matters in dispute between the petitioner and the defacto complainant have been amicably settled and presently the defacto complainant has no complaints against the petitioner and, therefore, the proceedings against the petitioner may be quashed.
6. The defacto complainant, who is the 2nd respondent herein, has filed an affidavit affirming that all the matters in dispute between her and the petitioner have been amicably settled and, therefore, she has no complaints against the petitioner, and, hence, all further proceedings in the matter referred to above can be quashed. She has entered appearance through her counsel. The learned 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 petitioner and the 2nd 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 Annexures-A1 and A2 First Information Report and final report in Crime No. 262/2014 of the Tenhipalam Police Station, Malappuram and all further proceedings based on it in C.C.1998/2014 pending before the Judicial First Class Magistrate's Court-I, Parappanangadi, are hereby quashed.
ul/-
Sd/- B.KEMAL PASHA, JUDGE [True copy] P.S. to Judge