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Judgment
Ziyad Rahman A.A, J
Petitioners are the accused Nos.1 to 3 in C.C.No.1249 of 2012 on the file of the Judicial First Class Magistrate Court, Mannarkkad. This petition is filed to quash the proceedings in the above Calendar Case.
The aforesaid case was registered against the petitioners on the basis of complaint submitted by the 2nd respondent for the offences punishable under Section 498A read with Section 34 IPC.
The prosecution case is that the 1st petitioner who is the husband of the 2nd respondent along with the other accused persons had ill treated the de facto complainant by demanding dowry. The learned counsel for the petitioner submits that the matter has been settled out of court as per Annexure-B agreement entered into between the parties. Consequent to the terms and conditions as per Annexure-B, Talaq was also pronounced as evidenced by Annexure-D and thereby marriage between the 1st petitioner and the 2nd respondent is dissolved.
The learned counsel further points out that the 2nd respondent has already filed an affidavit dated 01.04.2017, which was filed before this Court on 05.04.2017 acknowledging the settlement of the dispute between the parties, wherein it is stated that the 2nd respondent does not have any objection in terminating the proceedings in C.C.No.1249 of 2012. The learned counsel for the 2nd respondent also acknowledges the settlement. In such circumstances, as the dispute between the parties, which is the subject matter of the offence, is purely private in nature, this is a fit case in which the powers of this Court under Section 482 Cr.P.C can be invoked. In such circumstances, Annexure-A final report and further proceedings in C.C.No.1249 of 2012 on the file of the Judicial First Class Magistrate Court, Mannarkkad is hereby quashed.