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Joby James vs State Of Kerala Rep

High Court Of Kerala|16 December, 2014
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JUDGMENT / ORDER

Petitioners are A1 to A3 in Crime No.94/2014 of the Karimkunnam Police Station, registered for the offence punishable under Sections 498A and 506(i) read with Section 34 of the Indian Penal Code.
2. Petitioners have come up with this Crl.M.C. under Section 482 Cr.P.C. for getting Annexure-I F.I.R. in Crime No.94/2014 of the Karimkunnam Police Station, and all further proceedings based on it in C.C.563/2014 pending before the Judicial First Class Magistrate's Court-I, Thodupuzha, quashed.
3. The allegation against the petitioners is that they have tortured and harassed the defacto complainant, who is CRL.M.C.No.7061 of 2014 -: 2 :-
the wife of the 1st accused, and treated her with cruelty within the meaning of Section 498A IPC, by demanding more dowry.
4. Heard learned counsel for the petitioners, the learned counsel for the defacto complainant, who is the 2nd respondent herein, and the learned Public Prosecutor.
5. According to the petitioners, all the matters in dispute between the petitioners and the defacto complainant have been amicably settled and presently the defacto complainant has no complaints against the petitioners and, therefore, the proceedings against the petitioners may be quashed.
6. The defacto complainant, who is the 2nd respondent herein, has filed an affidavit affirming that all the matters in dispute between her and the petitioners have been amicably settled and, therefore, she has no complaints against the petitioners, and, hence, all further proceedings in the matter referred to above can be quashed. She has CRL.M.C.No.7061 of 2014 -: 3 :-
entered appearance through her counsel. The learned counsel for the defacto complainant also endorses the fact that the affidavit has been sworn in by the defacto complainant on her own volition.
7. Through a settlement the 1st petitioner and the 2nd respondent are living together as husband and wife and are leading a peaceful married life. Therefore, it is only just and expedient in the interest of justice to quash the proceedings referred to above.
In the result, this Crl.M.C. is allowed and Annexure-I F.I.R. in Crime No.94/2014 of the Karimkunnam Police Station, and all further proceedings based on it in C.C.563/2014 pending before the Judicial First Class Magistrate's Court-I, Thodupuzha, are hereby quashed.
ul/-
Sd/- B.KEMAL PASHA, JUDGE [True copy] P.S. to Judge
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Title

Joby James vs State Of Kerala Rep

Court

High Court Of Kerala

JudgmentDate
16 December, 2014
Judges
  • B Kemal Pasha
Advocates
  • Sri Francis
  • M Kurian