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Judgment
Petitioners are the accused in Crime No.975/2018 registered at the Chavara Police Station, for offences punishable under Sections 341, 294(b) and
323 r/w 34 of IPC, now pending as S.T.No.538/2018 on the files of the Gramanyayalaya Court, Chavara. The de facto complainant, at whose
instance the crime was registered, is the 2nd petitioner’s wife and is arrayed as the 2nd respondent herein. Annexure-4 affidavit has been filed by
the 2nd respondent stating that the matrimonial dispute between her and the 2nd petitioner had compelled her to submit the complaint leading to
registration of the crime, which issue has been resolved amicably. That, the parties have filed a joint petition for divorce under Section 13B of the
Hindu Marriage Act before the Family Court, Thrissur, and that, she has no subsisting grievance against the petitioners.
Heard the learned Public Prosecutor also, who, on instructions, submits that the petitioners have no criminal antecedents.
Having considered the gravity of the offences alleged, nature of the injury caused and having perused the affidavit filed by the 2nd respondent, the
contents of which are submitted to be true and voluntary, I am satisfied that the dispute is settled and no public interest is involved in this matter.
Moreover, in view of the settlement, possibility of the criminal proceedings ending in conviction is remote. As such, continuance of the proceedings will
amount to an abuse of process of court and hence, in view of the legal position set out by the Honourable Supreme Court in Madan Mohan Abbot v.
State of Punjab [(2008) 4 SCC 582] and Gian Singh v. State of Punjab and another [(2012) 10 SCC 303,] there is no impediment in granting the relief
sought.
In the result, this Crl.M.C is allowed. The proceedings in S.T.No.538/2018 on the files of the Gramanyayalaya Court, Chavara is quashed.