IMPORTANT POINT
The court can quash criminal proceedings arising from matrimonial disputes if the parties have mutually settled their differences, preventing abuse of legal processes.

JUDGMENT :

KARDAK ETE, J.

1. Heard Mr. M. Doji, learned counsel for the petitioners. Also heard Ms. L. Hage, learned Additional Public Prosecutor for the State.

2. This is an application jointly filed by the petitioners under Section 482 of the Code of Criminal Procedure, 1973, praying for quashment of G.R. Case No. 182/2021, under Section 498(A) of the IPC, pending before the learned Court of Chief Judicial Magistrate, Aalo, on the basis of settlement arrived at between the petitioners.

3. The case set up by the prosecution is that on 10.05.2019, a written information was received from one Smti Marter Ete, wife of Dr. Geyum Padu to the effect that she has been married with the accused since the year 2015 and have a minor daughter out of the said wedlock. For the last couple of years, her husband has been involved in extra marital affair, thereby, keep harassing her both mentally and physically. On 09.05.2019, her husband came back to their rented house and slapped her and dragged her out of the rented room, thereafter, left the victim and her minor child and stayed with other woman somewhere at BN colony, Aalo.

4. On receipt of the said written information, a case being Aalo P.S. Case No. 42/2019, under Sections 498(A)/323 of the IPC has been registered.

5. On completion of the investigation, a charge-sheet has been filed by the Police against the petitioner No. 1 under Section 498(A) of the IPC on 07.02.2020.

6. The learned Chief Judicial Magistrate has framed a charge against the petitioner No. 1 and the trial is pending at the stage of prosecution evidence.

7. During the pendency of the trail, the petitioners have entered into a mutual settlement on 08.06.2023, thereby, have settled the matter before the family members.

8. Mr. M. Doji, learned counsel for the petitioners submits that on the unconditional apology being tendered by the petitioner No. 1 of his misconduct and also being the husband and wife, the petitioners have entered into a mutual settlement to keep their cordial relationship. He further submits that since the case has arisen out of a matrimonial relationship and the dispute having been resolved amongst themselves by way of settlement, the criminal proceedings of G.R. Case No. 182/2021 may be quashed as there is no chance of conviction against the petitioner No. 1 and also considering the facts that the parties have resolved the matter amicably and are maintaining cordial relationship.

9. Ms. L. Hage, learned Addl. P.P., fairly submits that since the case has arisen out of a matrimonial relationship and purely a family dispute and the injury caused in the incident is simple in nature as well as the petitioners having been resolved the matter between themselves, the further proceedings of the trial would be futile. Therefore, Ms. Hage, learned Addl. P.P. raises no serious objection if this Court quashes the present criminal proceedings for the ends of justice.

10. Due consideration has been given to the submissions advanced by the learned counsel for the parties and also perused the record of the trial Court.

11. It is noticed that the petitioners are husband and wife and the allegation levelled by the petitioner No. 2 being a wife is to the effect that the petitioner No1 has assaulted her physically and dragged her out of the rented room. The further allegation is that the petitioner No. 1 has been living in extra marital affairs with many strange girls and on her objection to such extra marital affairs, the petitioner No. 1 used to harass/torture her mentally and physically. It is also alleged that the petitioner No. 1 has left the petitioner No. 2 and their minor daughter and had stayed with one lady for continuous 3 (three) days and when the petitioner No. 1 came back to the rented room the petitioner No. 2 made an enquiry of his where-about. On such enquiry, the petitioner No. 1 has slapped and dragged her out of the rented room in the presence of his parents and many more bystanders.

12. Upon investigation, the Pol