Mashood R.T And Ors vs State Of Kerala And Ors

Petitioners are accused Nos. 1 & 2 in Crime No.180/2019 registered at the Atholi Police Station, Kozhikode Rural for the offence punishable under Section 498-A & 406 r/w Section 34 of IPC, now pending as C.C.No.5733/2019 on the files of the Judicial First Class Magistrate Court-II, Perambra. The de facto complainant, at whose instance the crime was registered, is the 1st petitioner's wife and is arrayed as the 2nd respondent herein. Annexure-A2 affidavit has been filed by the 2nd respondent stating that the matrimonial dispute, which had compelled her to submit the complaint leading to registration of the crime, has been resolved amicably and hence, 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. Annexure-1 Final Report in crime No.180/2019 of Atholi Police Station, Kozhikode Rural and further proceedings in C.C.No.5733/2019 on the files of the Judicial First Class Magistrate Court-II, Perambra are quashed.