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Judgment
Petition under Section 482 of the Code of Criminal Procedure.
The petitioners are accused Nos. 1 to 4 in Crime No. 206 of 2019 of Kumbla Police Station registered for the offences punishable under Section
498A read with Section 34 of Indian Penal Code, now pending as C.C. No. 669 of 2019 on the file of the Judicial First Class Magistrate-II,
Kasaragod. The 1st petitioner and the 1st respondent are husband and wife.
It is submitted by the learned counsel for the petitioners that the parties have resolved the entire disputes among themselves and as such there is no
subsisting dispute between them. Therefore, this petition to quash Annexure A2 final report in Crime No. 206 of 2019 of Kumbla Police Station.
Learned counsel appearing for the 1st respondent/defacto complainant has submitted that she has absolutely no grievance or complaints against the
petitioners. Annexure A3 is the affidavit sworn to by her in support of the submission of the petitioners. The affidavit further indicates that she has no
intention to pursue the matter further.
The learned Public Prosecutor has reported that the prosecution has no serious objection in allowing the petition. It is also submitted that as the
dispute has been amicably settled, the possibility of conviction is remote and bleak and therefore, no useful purpose would be served in proceeding
with the case.
Heard both sides and perused the records.
On hearing the submissions of all concerned, as well on consideration of the special facts and circumstances involved in this case, I find that no
fruitful purpose is likely to be served by proceeding with the matter against the petitioners. Moreover, no public interest is involved in the case and
there is no legal impediment in granting the prayer as sought for by the petitioners. Therefore, for the purpose of securing the ends of justice, this
Crl.M.C. is only to be allowed.
For the foregoing reasons, Annexure A2 final report in Crime No. 206 of 2019 of Kumbla Police Sation now pending as C.C. No. 669 of 2019 on the
file of the Judicial First Class Magistrate-II, Kasaragod will stand quashed as prayed for.