Petitioners are accused in C.C No.326 of 2011 on the file of Chief Judicial Magistrate Court, Kasargod. They are being prosecuted for offences punishable under Sections 323 and 498A r/w Section 34 of Indian Penal Code on a report filed by the Sub Inspector of Police, Kumbala Police Station. Aforesaid crime has arisen from a complaint filed by the second respondent, wife of the first petitioner, alleging matrimonial cruelty by the husband and his close relatives. The spouses have now resolved their disputes and they are living together, is the case of the petitioners. Second respondent represented by counsel has also endorsed the case so advanced and more over an affidavit stating as above has also been sworn to by that respondent. Public Prosecutor was directed to ascertain through the Investigating Officer whether the spouses have resolved their disputes and are living together, as represented. After having such an enquiry and getting instructions, Public Prosecutor reported that resolving the disputes the spouses are now living together. When that be so, continuation of the criminal proceedings against the petitioners
