AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
8 paragraphs · 274 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 against the petitioner pursuant to Annexure 1 Final Report in Crime No.110/2023 of Valiyamala Police Station, Thiruvananthapuram, now pending as C.C.No.809/2023 on the files of the Judicial First Class Magistrate Court-I, Nedumangad, Thiruvananthapuram. Petitioner herein is the 1st 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, offence punishable under Section 498A of the Indian Penal Code is alleged to have been committed by the accused and the defacto complainant is none other than the wife of the 1st 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 1 Final Report in Crime No.110/2023 of Valiyamala Police Station, Thiruvananthapuram, now pending as C.C.No.809/2023 on the files of the Judicial First Class Magistrate Court-I, Nedumangad, Thiruvananthapuram, and the proceedings thereof as against the petitioner/1st accused stand quashed.