Application filed under Section 482 of the Code of Criminal Procedure.
2. The petitioners are the accused in C.C No.44 of 2013 pending before the Judicial First Class Magistrate's Court- I, Changanacherry which has arisen from Crime No.752 of 2012 of the Thrikkodithanam Police Station, registered for the offence punishable under Section 498A r/w Section 34 of the Indian Penal code.
3. The prosecution case is that the petitioners have tortured and harassed the de facto complainant, who is the wife of the first petitioner and treated her with cruelty within the meaning of Section 498A of the Indian Penal Code.
4. Heard the counsel for the petitioners, learned counsel de facto complainant and learned Public Prosecutor.
5. According to the petitioners, the matter has been amicably settled between the parties and all legal proceedings between the parties have been settled amicably and presently,
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2 the de facto complainant who is the 3rd respondent herein has no complaints against the petitioners.
6. It has also been mentioned that an amount of Rs.5,25,000/- has already been deposited before the Family Court by the second petitioner by way of full and final settlement of all the claims and the petitioners have no objection in permitting the 3rd respondent herein to withdraw the said amount.
7. The first petitioner and the 3rd respondent herein have entered into an agreement attested by the learned counsel on both sides. The said agreement was produced before the Family Court, Alappuzha. The divorce was also been effected.
8. The 3rd respondent has entered appearance through her counsel. Learned counsel for the 3rd respondent has also submits that all the disputes between the parties have been resolved and settled and the amount of Rs.5,25,000/- has already been deposited before the Family Court, Alappuzha.
9. When the matter has been amicably settled between the parties, there is no reason to deny the request of the parties to get all proceedings in Annexure-H final report in Crime No.752 of 2012 of the Thrikkodithanam Police Station
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3 and all proceedings in C.C No.44 of 2013 pending before the Judicial First Class Magistrate's Court-I, Changanacherry, quashed.
In the result, this Crl.M.C. is allowed and Annexure-H final report in Crime No.752 of 2012 of the Thrikkodithanam Police Station and all further proceedings in C.C No.44 of 2013 based on it pending before the Judicial First Class Magistrate's Court-I, Changanacherry, are quashed.
It is made clear that the amount of Rs.5,25,000/- in deposit before the Family Court, Alappuzha for entering the compromise in the case, shall be disbursed to the 3rd respondent herein.
B.KEMAL PASHA, JUDGE.
AS