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Judgment
Thomas P. Joseph, J.—Petitioners are accused 1 and 2 and the de facto complainant in Crime No. 673 of 2009 of Alappuzha North Police Station and C.C. No. 295 of 2010 of the court of learned Chief Judicial Magistrate, Alappuzha for offences punishable under Sections 323, 406 and 498A r/w Section 34 of the Indian Penal Code (for short, "the IPC"). Petitioners request this Court to quash proceeding against Petitioners 1 and 2/A1 and A2 on the strength of a settlement reached with the 3rd Petitioner, the de facto complainant and wife of first Petitioner. I have heard learned Counsel for Petitioners and the learned Public Prosecutor.
Learned Counsel has confirmed the settlement as above stated and authenticity of affidavit of the 3rd Petitioner. In that affidavit it is stated that 3rd Petitioner has settled the dispute with Petitioners 1 and 2 and that she has no further grievance in the matter. Learned Counsel submitted that Petitioners 1 and 3 have filed a joint petition u/s 13B of the Hindu Marriage Act before the Family Court. It is revealed from the petition and the affidavit of 3rd Petitioner that the dispute which is personal to and between Petitioners is amicably settled out of court. In the circumstance, it is not necessary to continue the proceeding further. I am inclined to allow this Crl. M.C.
Resultantly this Crl. M.C. is allowed. Final report in Crime No. 673 of 2009 of Alappuzha North Police Station, cognizance taken thereon and proceeding against Petitioners 1 and 2/A1 and A2 in C.C. No. 295 of 2010 of the court of learned Chief Judicial Magistrate, Alappuzha are quashed.