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Nizamudeen

High Court Of Kerala|30 December, 2014
|

JUDGMENT / ORDER

On a private complaint forwarded for investigation under Sec.156(3) of Cr.P.C., Crime No.358 of 2003 was registered for offence punishable under Sec.498A r/w Sec.34 IPC. After investigation, final report was laid, cognizance for the offence was taken as C.C.684 of 2009. On inability of the court below to procure the presence of the accused, the case was transferred to L.P. as L.P.No.143 of 2008 before J.F.C.M. Court, Sasthamcotta. 2. In the mean while, the petitioners have pointed out before this Court that the issue between the de facto complainant and them have been amicably settled and that the de facto complainant has no further grievance in the matter. They have produced an affidavit as Annexure-3 said to have been sworn to by the de facto complainant.
3. The de facto complainant who is arrayed as the 2nd respondent in this proceedings is represented by her counsel, who accepts that the affidavit has been filed by the de facto Crl.M.C. No.6241 of 2014 -: 2 :-
complainant and stands by the statements contained therein.
4. In the light of the fact that no public issue or social issues are involved and it is purely a dispute between the parties, no reason as to why the proceedings being continued when the de facto complainant is unwilling to do so. Further continuance of proceedings would only be a sheer waste of time.
For the above reason, this petition is allowed. C.C.No.684 of 2009, which is pending as L.P.No.143 of 2008 before JFCM, Sasthamcotta and also the final report in Crime No.358 of 2003 based on which cognizance was taken by the court below shall stand quashed.
Sd/- P.BHAVADASAN, JUDGE.
Jvt
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Title

Nizamudeen

Court

High Court Of Kerala

JudgmentDate
30 December, 2014
Judges
  • P Bhavadasan
Advocates
  • Sri
  • K Siju Smt Seetha
  • S