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Judgment
14 paragraphs · 278 wordsPetitioner is the accused in Crime No.209/2016 registered at the Cheemeni Police Station, for offences punishable under Sections 323 and 498-A of
IPC, now pending as C.C.No.1719/2016 on the files of the Judicial First Class Magistrate Court-I, Hosdurg. The de facto complainant, at whose
instance the crime was registered, is the petitioner’s wife and is arrayed as the 2nd respondent herein. Annexure-AIII 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 petitioner.
Heard the learned Public Prosecutor also, who, on instructions, submits that the petitioner has 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. The proceedings in C.C.No.1719/2016 on the files of the Judicial First Class Magistrate Court-I, Hosdurg is
quashed.