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Judgment
1.This petition is filed under Section 482 of the Code of
Criminal Procedure ( ''the Code" for brevity ) with a prayer
to quash the proceedings pending against the petitioners.
2.On the basis of an FIR lodged by the 1st respondent, who
is the wife of the 1st petitioner, Crime No.1419 of 2012 of
the Palarivattom Police Station was registered and
investigation was taken up for offences punishable under
Sections 406, 420, 498A read with Section 34 of the IPC.
The petitioners 2 and 3 are the near relatives of the 1st
petitioner.
3.It is submitted that the Crime was registered due to
temperamental differences and minor skirmishes which
usually occur between husband and wife in the course of
their matrimonial relationship. According to the learned
counsel appearing for the parties, they have approached
the Family Court, Ernakulam and have filed a petition
seeking divorce by mutual consent which has been
allowed. An affidavit sworn to by the victim is also relied
on by the parties to contend that the wife is desirous of
bringing to an end the criminal prosecution initiated
against the petitioners.
4.The learned Public Prosecutor after getting instructions
has submitted that the statement of the 1st respondent
has been recorded and she has stated in unequivocal
terms that the settlement arrived at is genuine.
5.I have considered the submissions.
6.It is evident from the materials produced that the parties
have amicably resolved their disputes and have decided to
part ways. The continuance of the criminal proceedings
will only serve the purpose of causing hardship to the
parties.
7.It is by now settled that it is the duty of the courts to
encourage genuine settlements of matrimonial disputes. If
the parties ponder over their faults and terminate their
disputes amicably by mutual agreement instead of fighting
it out in a court of law, there is no reason why this Court
should hesitate to exercise its powers under section 482 of
the Code. Permitting such proceedings to continue would
be nothing but an abuse of process of court. The dispute is
clearly private and no public interest is involved.
In the result, this petition will stand allowed. Annexure-
I FIR in Crime No.1419 of 2012 of Palarivattom Police
Station and all proceedings pursuant thereto against the
petitioners are quashed.