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Judgment
Petitioner is the sole accused in Crime No.1623/2016 of Changanacherry Police Station, Kottayam district, which after the filing of the final report
is pending as C.C.No.526/2016 on the files of the Judicial First Class Magistrate Court-I, (JFCMC-I) Changanacherry. The offences alleged against
the petitioner are under Sections 498(A), 323, 326 and 294(b) of Indian Penal Code. The case was registered on the basis of a complaint given by the
2nd respondent. Petitioner and the 2nd respondent were married, and on account of marital disputes, they are stated to be living separately. It is also
seen from Annexure A2 affidavit that a joint petition for dissolution of marriage has been filed before the Family Court, Pala. It is also stated in
Annexure A2 affidavit that the disputes which led to the filing of the complaint by the 2nd respondent have been amicably settled and that she has no
objection to the criminal proceedings initiated against the petitioner being quashed by this Court.
Considering the nature of the offences involved and having considered the judgment of the Honourable Supreme Court in Gian Singh Vs. State of
Punjab and another [2012(4)KLT 108] as well as State of Parbathbhai Aahir Vs. State of Gujarat [2017(9) SCC 641], I am of the opinion that this is a
fit case for exercise of jurisdiction under Section 482 of the Code of Criminal Procedure. Considering the nature of the relationship between the
petitioner and the 2nd respondent, I am of the opinion that no useful purpose will be served by allowing the criminal proceedings to continue. The ends
of justice would justify the exercise of the inherent power by this Court to quash the criminal proceedings.
In the result this Crl.M.C is allowed and all further proceedings in C.C.No.526/2016 on the files of the JFCMC -I, Changanacherry, arising out of
Crime No.1623/2016 of the Changanacherry Police Station, Kottayam district are quashed.