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Judgment
18 paragraphs · 354 wordsPetition under Section 482 of the Code of Criminal Procedure.
The petitioners are the accused in Crime No. 976 of 2014 of Ayiroor Police Station registered for the offences punishable under Sections 498A
read with Section 34 of Indian Penal Code.
It is submitted by the learned counsel for the petitioners that the parties have resolved their entire disputes among themselves and as such there is
no subsisting dispute between them. Therefore, this petition to quash the Annexure 1 FIR and Annexure 2 final report in Crime No.976 of 2014 of
Ayiroor Police Station and all further proceedings in C.C. No. 820 of 2019 on the file of Judicial First Class Magistrate-I, Varkala.
Learned counsel appearing for the 3rd respondent/defacto complainant has submitted that she has absolutely no grievance or complaints against the
petitioners. Annexure 3 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.
On hearing the submissions of all concerned, on perusal of the records 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 1 FIR and Annexure 2 final report in Crime No.976 of 2014 of Ayiroor Police Station and all further proceedings
in C.C. No. 820 of 2019 on the file of Judicial First Class Magistrate-I, Varkala will stand quashed as prayed for.