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Judgment
The petitioners are the accused in Crime No.854/2015 of the Elathur Police Station, Kozhikode District, alleging commission of offences punishable
under Sections 498(A) and 406 r/w 34 of the Indian Penal Code. The 1st petitioner was married to the 2nd respondent. The 2nd petitioner is the sister
of the 1st petitioner and the 3rd petitioner is the mother of the 1st petitioner. It is submitted that the case came to be registered on the complaint of the
2nd respondent on account of marital discord. It is submitted that the 1st petitioner and the 2nd respondent are now living together as husband and
wife. Reference is made to Annexure A2 affidavit which shows that the 1st petitioner and the 2nd respondent are living together and that she has no
subsisting grievance against the petitioners. The learned counsel therefore submits that the proceedings against the petitioners in Crime No.854/2015
of Elathur Police Station, Kozhikode District, which is now pending as C.C.No.13/2016 on the file of the Judicial First Class Magistrate Court,
Koyilandy may be quashed.
I have heard the learned counsel appearing for the respective parties and the learned Public Prosecutor appearing for the 1st respondent.
Considering the nature of the relationship between the parties and considering the fact that the 1st petitioner and the 2nd respondent are now living
together as husband and wife, and taking note of the contents of Annexure A2 affidavit, I am of the opinion that this is a fit case where the inherent
jurisdiction of this Court under Section 482 Cr.P.C can be exercised in order to secure the ends of justice. Therefore, keeping in mind the principles
laid down by the Hon'ble Supreme Court in Gian Singh v. State of Punjab & another [2012(4) KLT 108] and in Parbatbhai Aahir v. State of Gujarat
and another [(2017) 9 SCC 641], all further proceedings in C.C No.13/2016 on the file of the Judicial First Class Magistrate Court, Koyilandy arising
out of Crime No.854/2015 of Elathur Police Station, Kozhikode District will stand quashed as against the petitioners.