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Judgment
8 paragraphs · 272 wordsA. Badharudeen, J
This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash all further proceedings pursuant to Annexure A Charge Sheet in Crime No.271/2022 of Elathoor Police Station, Kozhikode, now pending as C.C.No.985/2022 on the files of the Judicial Magistrate of First Class-I, Koyilandy. Petitioners herein are accused Nos.1 to 4 in the above case.
Heard the learned counsel for the petitioners, the learned counsel appearing for the defacto complainant and the learned Public Prosecutor.
In this matter, offence punishable under Section 498A of the Indian Penal Code is alleged to have been committed by the accused and the defacto complainant is none other than the wife of the 1st accused.
An affidavit sworn by the defacto complainant has been placed stating that the matter has been settled in between them and she has no grievance in the matter of quashing the proceedings.
The learned Public Prosecutor also submitted that the matter has been settled between the parties and statement of the defacto complainant to that effect has been recorded.
Since the matter has been settled, there is no reason to disallow the prayer for quashment, so as to facilitate peaceful living of the married couple. Therefore, in the interest of justice, I am inclined to allow this petition.
In the result, this petition stands allowed. Annexure A Charge Sheet in Crime No.271/2022 of Elathoor Police Station, Kozhikode, now pending as C.C.No.985/2022 on the files of the Judicial Magistrate of First Class-I, Koyilandy and the proceedings thereof as against the petitioners/accused Nos.1 to 4 stand quashed.
