This is a petition filed under Section 482 Cr.P.C. by the accused in Crime No.835 of 2014 of the Alappuzha North Police Station, registered for the offences punishable under Sections 452, 354A and 506(i) of the Indian Penal Code. He has come up with this Crl.M.C. seeking to get Annexure A1 first information report and all further proceedings based on it, quashed.
2. It is alleged that the defacto complainant, who is the 3rd respondent herein, and her husband had some difference of opinion, and thereby they were residing separately for the period from 2010 onwards. The defacto complainant was residing with her children. It is alleged that the petitioner had acted as the mediator and has pretended to be interested in the welfare of the defacto complainant in getting the disputes between her and her husband settled. It is alleged that he had an eye on her and thereby he had on many occasions insisted her to have sexual relationship with him. As the defacto complainant was not willing for it, she was even beaten up by him. When the defacto complainant had willingly taken a decision to go and reside along with her husband, she was again beaten up by the petitioner and she was intimidated, and she was told that he would not permit her to have a peaceful life with her husband. According to the petitioner, the matter has been amicably settled between the parties and presently the defacto complainant has no complaints against him. As the entire matter has been settled, according to the petitioner, he wants to get Annexure-A1 F.I.R. and all further proceedings based on it, quashed.
3. The defacto complainant is the 3rd respondent herein. She has filed an affidavit affirming that all the disputes between her and the petitioner herein have been amicably settled and presently she is residing along with her husband and children and leading a peaceful life. Presently, she has no complaints against the petitioner. She has also prayed for getting all the aforesaid proceedings quashed. The 3rd respondent had entered appearance through counsel. The learned counsel for the 3rd respondent also endorses the fact that the affidavit has been sworn in by the defacto complainant, who is the 3rd respondent herein, on her own volition and that the matter involved has been amicably settled.
4. I have heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. The learned Public Prosecutor has produced the report of the investigating officer. When all the matters have been settled and presently the defacto complainant is living with her husband and children, I am of the view that in the interest of justice, it is just and expedient to quash the proceedings referred to above.
In the result, this Crl.M.C. is allowed and Annexure-I F.I.R. in Crime No.835 of 2014 of the Alappuzha North Police Station and all further proceedings based on it, are hereby quashed.
B. KEMAL PASHA, JUDGE ul/-
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