The case of adultery

Dear PAO,

I caught my wife cheating again on me. Since this is the third time, I am planning to file an adultery case against her and her new lover, Bryan. However, a week ago, I was able to talk to Bryan who repeatedly apologized and insisted that my wife represented herself to him as single. Bryan also told me that he was diagnosed with cancer and had to undergo chemotherapy in the coming weeks. Because of these, I intend not to include him in the adultery case. Is this possible?