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Judgment
19 paragraphs · 379 wordsR. Narayana Pisharadi, J
This is a petition filed under Section 482 Cr.P.C for quashing the proceedings against the petitioners in the case C.C.No.150/2015 on the file of the
Court of the Judicial First Class Magistrate-I, Muvattupuzha.
The petitioners are accused 1, 3 and 4 in the aforesaid case. The offence allegedly committed by them is punishable under Section 498A of the
IPC. The second respondent is the victim of the offence allegedly committed by the petitioners.
It is submitted that the entire matter has been settled between the parties. Therefore, it is prayed that the proceedings against the petitioners in the
case may be quashed.
Heard the learned counsel for the petitioners and the second respondent and also the learned Public Prosecutor.
Learned counsel for the second respondent submitted that the second respondent has no objection to quash the proceedings against the petitioners.
I have perused the affidavit filed by the second respondent. It is stated in her affidavit that the dispute between her and the petitioners has been
settled in a court mediation and that she has got no intention to proceed with the case filed against the petitioners. The petitioners have also produced
the copy of the memorandum of agreement executed by the parties after the court mediation. The dispute between the parties is purely private in
nature. I am satisfied that the settlement arrived at between the parties is genuine. In these circumstances, in order to secure the ends of justice, the
power of this Court under Section 482 Cr.P.C can be invoked to quash the proceedings against the petitioners in the case.
It is true that the second accused is not a petitioner herein. It is stated in the petition that she is no more. But, copy of the death certificate is not
produced by the petitioners. However, considering the fact that the entire disputes between the parties have been settled in a court mediation, I am
inclined to quash the case against the petitioners.
Consequently, the petition is allowed. The entire proceedings against the petitioners in the case C.C.No.150/2015 on the file of the Court of the
Judicial First Class Magistrate-I, Muvattupuzha, arising out of Crime No.1278/2013 of the Muvattupuzha Police Station, are hereby quashed.