The absence of the complainant and acquittal of co-accused led to quashing of proceedings under IPC section for cruelty.

O R D E R Dated this the 24^th day of February, 2026 The 1^st accused in CC. No.209/2020 on the file of the Additional Chief Judicial Magistrate Court, Thiruvananthapuram, arising out of Crime No.219/2012 of Pettah Police Station, filed this Crl.M.C. under Section 482 of Cr.P.C., praying for quashing all further proceedings against him. The offence alleged against the petitioner is under section 498 A of IPC .

2. The prosecution case is that the petitioner being the husband of the defacto complainant, subjected her to cruelty both physically and mentally on the ground of dowry and thereby he is alleged to have committed the aforesaid offence.

3. According to the learned counsel for the petitioner, this is a false case foisted against the petitioner. Further according to the learned counsel, as per Annexure-B judgment, the Additional Chief Judicial Magistrate, Thiruvananthapuram, has already acquitted the 2^nd accused. Therefore, he prayed for quashing proceedings against the petitioner also.

4. The petition was opposed by the learned Public prosecutor. Though notice was served on the 2^nd respondent/defacto complainant, she did not turn up.

5. On a perusal of Annexure-B judgment passed by the Additional Chief Judicial Magistrate, Thiruvananthapuram, it can be seen that in spite of issuing coercive steps, the prosecution could not procure the attendance of the defacto complainant. It was in the above context, the learned Magistrate acquitted the 2^nd accused. It is also submitted that even now, the defacto complainant is settled abroad. In the above circumstances, no useful purpose will be served in continuing the proceedings against the petitioners as the same will only be an abuse of the process of the Court.

6. Therefore, this Crl.M.C. is allowed. All further proceedings against the petitioners in CC. No.209/2020 on the file of the Additional Chief Judicial Magistrate Court, Thiruvananthapuram, arising out of Crime No.219/2012 of Pettah Police Station, is quashed.

Sd/-