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Judgment
8 paragraphs · 258 wordsA. Badharudeen, J
This Criminal Miscellaneous Case has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to quash all further proceedings pursuant to Annexure A1 FIR in Crime No.281/2024 of Pothanicad Police Station, Ernakulam, lodged before the Judicial First Class Magistrate Court, Kothamangalam. Petitioner herein is the accused in the above case.
Heard the learned counsel for the petitioner, the learned counsel appearing for the defacto complainant and the learned Public Prosecutor.
In this matter, offences punishable under Sections 294(b), 323, 324, 498A read with 34 of the Indian Penal Code are alleged to have been committed by the accused and the defacto complainant is none other than the wife of the 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 A1 FIR in Crime No.281/2024 of Pothanicad Police Station, Ernakulam, lodged before the Judicial First Class Magistrate Court, Kothamangalam and the proceedings thereof as against the petitioner/accused stand quashed.