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Judgment
Petitioners are the accused in C.C. No.1406 of 2020 on the file of the Judicial First Class Magistrate Court, Koyilandy, arising out of Crime No. 125
of 2020 of Elathur police station, alleging commission of offences under Sections 406, 498A r/w. Section 34 of the Indian Penal Code.
It is submitted that the entire disputes between the petitioners and the 2nd respondent have been settled out of court and that settlement resulted in
the dismissal of a petition for return of gold ornaments and a petition for maintenance filed by the 2nd respondent before the Family Court, Kozhikode.
It is also submitted that the Original Petition for Divorce by mutual consent is pending for dissolution of marriage between the 1st petitioner and the
2nd respondent. Reference is also made to the affidavit dated 02.02.2021 filed by the 2nd respondent, which would show that the entire disputes
between the parties have been settled.
Considering the relationship between the parties and considering the entire circumstances mentioned above, and on application for the principles laid
down by the Hon'ble Supreme Court in Gian Singh V. State of Punjab and Another [2012 (4) KLT 108] as explained in Parbatbhai Aahir V. State of
Gujarat [(2017) 9 SCC 641], I am of the opinion that this is a fit case where the inherent jurisdiction of this Court under Section 482 of the Code of
Criminal Procedure can be exercised to meet the ends of justice in this case.
In the result, this Crl.M.C will stand allowed and all further proceedings in C.C. NO.1406 of 2020 on the file of Judicial First Class Magistrate Court,
Koyilandy, arising out of crime No.125 of 2020 of the Elathur police station will stand quashed as against the petitioners.