Application filed under Section 482 of the Code of Criminal Procedure.
2. Petitioners are the accused in Crime No.1662 of 2013 of the Palarivattom Police Station registered for the offences punishable under Sections 498A, 120B, 409 and 406 r/w Section 34 of the Indian Penal code. The crime was registered on the basis of a private complaint filed by the de facto complainant before the Judicial First Class Magistrate's Court-I, Ernakulam, which was referred to the Police under Section 156(3) Code of Criminal Procedure.
3. The allegation against the petitioners is that they have tortured and harassed the de facto complainant, who is the wife of the 1st petitioner and treated her with cruelty by demanding more dowry after misappropriating her entire gold ornaments and money.
4. Heard the counsel for the petitioners, the learned counsel for the defacto complainant, and learned Public Crl.M.C.No.6370 of 2014 2 Prosecutor.
5. The petitioners have presently come up with a prayer to get Annexure-I F.I.R in the crime, quashed.
6. According to the petitioners, all the disputes in the matter have been amicably settled between the parties and presently the de facto complainant has no grievance against the petitioners.
7. Learned Public Prosecutor has furnish an instruction received from the investigating officer. It has been reported that the investigation of the case is over and the final report has already been filed in the matter for the offences punishable under Section 498A r/w Section 34 of the Indian Penal code.
8. The de facto complainant who is the second respondent herein has filed an affidavit stating that the matters and disputes have been amicably settled and presently, she has no complaints against the petitioners.
9. Second respondent has entered appearance through her counsel. Learned counsel for the 2nd respondent also endorses the fact that the affidavit is sworn in by the second respondent, and all the disputes have been amicably settled.
10. In a matrimonial disputes like the present one, when all the disputes have been settled and the parties do not want Crl.M.C.No.6370 of 2014 3 to proceed with the matter, it is just and expedient to the interest of justice to quash Annexure-I F.I.R and the final report on it.
In the result, this Crl.M.C. is allowed and Annexure-I F.I.R. in Crime No.1662 of 2013 of the Palarivattom Police Station and the final report on it are quashed.
Sd/-
B.KEMAL PASHA, JUDGE.
AS /True copy/ P.A. to Judge