The petitioners herein are the four accused in C.C.No.1048/2012 of the Judicial First Class Magistrate Court, Malappuram. Crime in the said case was registered in 2011 under Sections 498(A) and 406 IPC and Section 67(A) of the Information Technology Act, on the complaint of one Alsa. She is the divorced wife of the 1st petitioner herein. The petitioners seek orders quashing the prosecution, on the ground that the prosecution is legally unsustainable, and that the proceeding brought by the complainant, Alsa, does not contain the necessary elements and ingredients for such prosecution. Their case is that continuance of prosecution will be an abuse of process of court. The defacto complainant, Alsa is the 2nd respondent herein. At the initial stage of the proceeding, the 2nd respondent resisted the petitioners' prayer, on the ground that the 1st petitioner has not so far intimated the fact of divorce to the Mosque authorities. Now, it is submitted from both sides that the parties have come Crl.M.C.. No. 5856/2013 2 to terms amicably, and that they have also executed an agreement in terms of settlement made at the instance of mediators. It is also submitted that the 1st petitioner has intimated the fact of divorce to the Mosque authorities. In these circumstances, the 2nd respondent has no objection, and she supports the petition made by the petitioners to quash the proceeding. Learned counsel for the 2nd respondent submits that the whole dispute stands resolved forever, and the parties have come to terms amicably out of court. I find that, in such situation, continuance of prosecution as against the petitioners herein will be a sheer waste of time. In the result, this Crl.M.C. is allowed. The prosecution against the petitioners in C.C.No.1048/2012 of the Judicial First Class Magistrate Court, Malappuram, will stand quashed under Section 482 Cr.P.C. Accordingly, the petitioners will stand released from prosecution. The bail bond, if any, executed by the petitioners will stand discharged.
Sd/-
P. UBAID, JUDGE sd