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Judgment
8 paragraphs · 276 wordsA. Badharudeen, J
This Criminal Miscellaneous Case has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to quash Annexure A1 Final Report and all further proceedings in C.C.No.423/2021 on the files of the Judicial First Class Magistrate Court-I, North Paravur, arose out of Crime No.293/2021 of Vadakkekkara Police Station, Ernakulam. The petitioner herein is the sole accused in the above case.
Heard the learned counsel for the petitioner, the learned counsel appearing for the de facto 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.
It is submitted that the matter has been amicably settled and the de facto complainant filed affidavit in this regard in a case involving matrimonial dispute. The defacto complainant stated in the affidavit that she has no intention to proceed further in this matter.
The learned Public Prosecutor also submitted that the matter has been settled between the parties and statement of the de facto complainant to that effect has been recorded.
Since the dispute has been settled in between husband and wife, there is no reason to disallow the prayer for quashment, so as to facilitate peaceful living of the parties hereinafter. Therefore, in the interest of justice, I am inclined to allow this petition.
In the result, this petition stands allowed and Annexure A1 Final Report and all further proceedings in C.C.No.423/2021 on the files of the Judicial First Class Magistrate Court-I, North Paravur, arose out of Crime No.293/2021 of Vadakkekkara Police Station, Ernakulam, as against the petitioner stand quashed.