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Judgment
Gopinath P., J
The petitioner is the accused in Crime No.492 of 2022 of the Karunagapally Police Station, Kollam which is registered alleging commission of offences under Sections 498A, 294(b) and 506 of the Indian Penal Code. The case is now pending as C.C.No.1567 of 2022 on the files of the Judicial First Class Magistrate Court - I, Karunagappally.
The learned counsel appearing for the petitioner would submit that the case arouse on account of a matrimonial dispute between the petitioner and the 2nd respondent (de facto complainant). It is submitted that all the issues between the petitioner and the 2nd respondent have been settled as is evident from Annexure A2, which is the memorandum of settlement entered into in civil proceedings between the petitioner and the 2nd respondent.
Heard the learned Public Prosecutor and the learned counsel appearing for the 2nd respondent. They do not dispute that the issues between the petitioner and the 2nd respondent have been settled and it is also confirmed that the petitioner has filed a petition under Section 13B of the Hindu Marriage Act as per the terms of the settlement.
Having heard the learned counsel for the petitioner, the learned Public Prosecutor and the learned counsel appearing for the 2nd respondent and considering the facts and circumstances of the case, I am of the view that the proceedings against the petitioner can be quashed on the basis of settlement. Accordingly this petition is allowed and all further proceedings in C.C.No.1567 of 2022 on the files of the Judicial First Class Magistrate Court - I, Karunagappally will stand quashed as against the petitioner.
