Petitioner is the accused in Crime No. 361 of 2010 of Adhur Police Station in Kasaragod. Allegation made against him by his wife, who is the first respondent herein, is that he committed offences punishable under Sections 498A, 506 (ii) and 406 read with Section 34 of the Indian Penal Code.
Petitioner married the first respondent on 6.9.2008. Shortly after the marriage, the petitioner started treating the de facto complainant with cruelty is the allegation which resulted in the registration of the crime.
2. Heard the learned counsel for the petitioner and the learned counsel appearing for the de facto complainant. It is submitted at the Bar that the matter has been settled between the parties. To evidence the settlement, Annexure A-3 affidavit has been filed. It is also submitted that the CRMC 2593/2014 2 parties have filed a joint petition before the Family Court, Kasaragod for dissolution of marriage by mutual consent. Considering the relationship between the parties and that the matter has been settled out of court, I find that there is no point in proceeding with the prosecution, which will be an abuse of process of the court. Therefore, the petition is allowed. Annexure A-2 final report in C.C.No.1103 of 2011 on the files of the Judicial First Class Magistrate Court-I, Kasaragod is hereby quashed.
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A. HARIPRASAD JUDGE ks.