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Judgment
C. Jayachandran, J
Accused Nos. 1 to 3 in Crime No.664/2022 of Vizhinjam Police Station are the petitioners herein. The offences alleged are under Sections 498A, 323, 509 and 506, read with 34 of the Indian Penal Code.
The defacto complainant is the wife of the first accused. The instant Crl.M.C. is filed on the premise that, the issues between the first accused and the defacto complainant has been settled amicably by and between themselves and that, she has no objection, whatsoever, in quashing the FIR registered against the petitioner. In support of the said assertion, Annexure-2 affidavit by the defacto complainant is also produced along with the Criminal Miscellaneous Case.
When this matter came up for admission, this Court directed the learned Public Prosecutor to get instructions. Accordingly, the Investigating Officer concerned had preferred a report before this Court (a copy of which is handed over across the Bar), which contains the statement of the defacto complainant, wherein she would reiterate that issues between herself and the first accused has been settled amicably and that she is willing to withdraw the criminal proceedings instituted against the petitioners herein. The defacto complainant would further state that she has no objection in quashing the FIR in the instant crime.
Heard the learned counsel for the petitioners, the learned Public Prosecutor and Shri. Shakthi Prakash, learned counsel for the defacto complainant/ 3rd respondent.
In view of the judgments of Hon'ble Supreme Court in B.S. Joshi & Ors vs State Of Haryana & Anr [2003 (4) SCC 675] and Gian Singh v. State of Punjab [(2012) 10 SCC 303], this Court finds that no useful purpose is to be served by continuing the prosecution as against the petitioners, inasmuch as the defacto complainant had unequivocally expressed her intention to withdraw the criminal proceedings against the petitioners. Moreover, the matter has been amicably settled, with the result, the first petitioner and the defacto complainant have agreed to move the Family Court concerned, seeking mutual divorce. The issues involved in this crime are purely private in nature, without in any way impacting the society at large.
In the circumstances, this Crl.M.C is allowed and FIR in Crime No.664/2022 of Vizhinjam Police Station is hereby quashed.