The petitioners, who are the accused in Crime No.356 of 2013 of Thrikunnapuzha Police Station registered for the offences punishable under Section 498A read with Section 34 IPC, presently pending as C.C.No.358 of 2014 before the Judicial First Class Magistrate’s Court-I, Haripad. The petitioners have come up with this Crl.M.C under Section 482 Cr.P.C. for getting Annexure A1 First Information Report and Annexure A2 Final Report in the crime and the proceedings in C.C.No.358 of 2014, quashed. 2. The prosecution case is that the petitioners have tortured and harassed the defacto complainant, who is the wife of the 1st petitioner and treated her with cruelty within the meaning of Section 498A IPC.
Crl.M.C.No.6541/2014 : 2 :
3. According to the petitioners, the matter has been amicably settled between 1st petitioner and the defacto complainant. Presently, the 1st petitioner and the defacto complainant are residing together as husband and wife and they are leading a peaceful married life. The defacto complainant is the 1st respondent herein and she has filed an affidavit affirming that the disputes have been settled. The 1st respondent has no complaints against the petitioners. The 1st respondent is happily residing with the 1st petitioner and are leading a happy married life.
4. The 1st respondent has entered appearance through her counsel and the learned counsel for the 1st respondent also endorses the fact that the affidavit has been sworn in by the 1st respondent herein and that the matter has been amicably settled. When the matrimonial dispute has been amicably settled and the parties are residing together, it is just and proper in the interest of justice to quash Annexure A1 First Information Report in Crime No.356 of 2013 of Thrikunnapuzha Police Station and Crl.M.C.No.6541/2014 : 3 :
Annexure A2 Final Report in the matter and all proceedings in C.C.No.358 of 2014 of the Judicial First Class Magistrate's Court-I, Haripad.
In the result, this Crl.M.C. is allowed and Annexure A1 First Information Report in Crime No.356 of 2013 of Thrikunnapuzha Police Station and Annexure A2 Final Report in the matter and all proceedings in C.C.No.358 of 2014 of the Judicial First Class Magistrate's Court-I, Haripad are hereby quashed.
Sd/-
B.KEMAL PASHA, JUDGE DSV/22/11