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Baiju vs State Of Kerala

High Court Of Kerala|22 November, 2014
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JUDGMENT / ORDER

Application filed under Section 482 of the Code of Criminal Procedure.
2. The petitioners are the accused in Crime No.01 of 2012 of the Nattukal Police Station, Palakkad District registered for the offences punishable under Sections 498A and 323 r/w Section 34 of the Indian Penal code. The petitioners have come up under Section 482 of the Code of Criminal Procedure for getting Annexure-A F.I.R in Crime No.01 of 2012 of the Nattukal Police Station, quashed.
3. The allegation against the petitioners is that they have tortured and harassed the de facto complainant, who is the wife of the first petitioner and treated her with cruelty within the meaning of Section 498A of the Indian Penal Code, and the first petitioner had voluntarily caused hurt on her.
4. Heard the counsel for the petitioners, learned counsel for the de facto complainant and learned Public Prosecutor.
Crl.M.C.No.6567 of 2014 2
5. According to the petitioners, the matter has been amicably settled between the parties and presently, the de facto complainant who is the 2nd respondent herein has no complaints against the petitioners. According to them, the first petitioner and the second respondent are living together as husband and wife and they are leading a peaceful married life.
6. The de facto complainant who is the second respondent herein has filed an affidavit stating that the matter has been amicably settled and presently, she has no complaints against the petitioners.
7. The 2nd respondent has entered appearance through her counsel. Learned counsel for the 2nd respondent also endorses the fact that the affidavit has been sworn in by the 2nd respondent on her own volition, and the matter has been settled.
8. When the matter has been amicably settled between the parties and the parties are living together as husband and wife and are leading a peaceful, happy married life, it is just and expedient in the interest of justice to quash Annexure-A F.I.R and all further proceedings in Crime No.01 of 2012 of the Nattukal Police Station.
In the result, this Crl.M.C. is allowed and Annexure-A F.I.R Crl.M.C.No.6567 of 2014 3 and all further proceedings in Crime No.01 of 2012 of the Nattukal Police Station are quashed.
B.KEMAL PASHA, JUDGE.
AS
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Title

Baiju vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
22 November, 2014
Judges
  • B Kemal Pasha
Advocates
  • Sri
  • C M Kammappu