AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
8 paragraphs · 271 wordsA. Badharudeen, J
This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash Annexure-2 Final Report in Crime No.1617/2016 of Ettumanoor Police Station, Kottayam, now pending as C.C. No.2489/2016 on the files of the Judicial First Class Magistrate Court-I, Ettumanoor. The petitioners herein are accused Nos.1 to 3 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, offences punishable under Sections 498(A) read with 34 of Indian Penal Code are 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 the parties 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-2 Final Report in Crime No.1617/2016 of Ettumanoor Police Station, Kottayam, now pending as C.C. No.2489/2016 on the files of the Judicial First Class Magistrate Court-I, Ettumanoor and the proceedings thereof, as against the petitioners/accused Nos.1 to 3, stand quashed.