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Abdul Muneer

High Court Of Kerala|18 November, 2014
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JUDGMENT / ORDER

The petitioners, who are accused Nos.1 to 6 in Crime No.74 of 2014 of Adhur Police Station, Kasaragod District, presently pending as C.C. No.3533 of 2014 before Judicial First Class Magistrate's Court, Kasaragod, have come up, under Section 482 of Code of Criminal Procedure, for getting the proceedings in the Annexure-1 F.I.R., quashed. 2. The crime has been registered for offences punishable under Section 323, 403, 498A and 506(ii) of the Indian Penal Code read with Section 34 of the Indian Penal Code. The allegations against the petitioners is that they had tortured and harassed the de- facto complainant, who is the wife of the first petitioner, and treated her with cruelty by demanding more dowry after Crl.M.C.6382/ 2014 2 misappropriating her entire gold ornaments and money.
3. The parties are Muslims. It seems that all the pending disputes between the parties have been settled through a compromise and an agreement has been entered into. The parties have effected an extra judiciary divorce. According to the petitioners, all the disputes have been settled and the amounts due to the de-facto complainant, were paid.
4. The de-facto complainant, who is the 2nd respondent herein, has filed an affidavit stating that the matter has been settled and presently she has no complaints against the petitioners. She has also prayed for quashing the proceedings based on Annexure-1 F.I.R.
5. The 2nd respondent has entered appearance through her counsel. The learned counsel for the 2nd respondent has also endorsed the affidavit sworn in by the 2nd respondent and the matters involved in the case have already been settled. When the Crl.M.C.6382/ 2014 3 matters are settled, there is no meaning in proceeding further in the matter and therefore, Annexure-I F.I.R., the final report in C.C. No.3533 of 2014 of Judicial First Class Magistrate's Court, Kasaragod and the proceedings in the said case, are only to be quashed, and I do so.
In the result, this Crl.M.C. is allowed, and Annexure-I F.I.R., the final report in C.C. No.3533 of 2014 of Judicial First Class Magistrate's Court, Kasaragod and also the further proceedings in the said case are quashed.
Sd/-
B.KEMAL PASHA, JUDGE dl // TRUE COPY // PA to Judge
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Title

Abdul Muneer

Court

High Court Of Kerala

JudgmentDate
18 November, 2014
Judges
  • B Kemal Pasha
Advocates
  • Sri Kodoth Sreedharan