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Raju vs State Of Kerala

High Court Of Kerala|12 November, 2014
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JUDGMENT / ORDER

The accused in C.C. No.1955 of 2012 of the Judicial First Class Magistrate's Court, Alathur, are the petitioners herein. They have come up with a prayer to quash Annexure II Final Report and all further proceedings against the petitioners in the above C.C. 2. The allegations against the petitioners is that they had tortured and harassed the de-facto complainant, who is the wife of the first petitioner, during the 20 days of period, in which the de- facto complainant and the first petitioner were residing together, as wife and husband. It is alleged that her properties and money were misappropriated and the first petitioner had married the de- facto complainant by suppressing his earlier subsisting marriage.
3. During the pendency of the case before the court below, B.A. 6304 of 2014 2 it seems that the parties have settled the matter and therefore, the parties wanted to compound the offence and to quash Annexure II Final Report and all further proceedings in C.C. No.1955 of 2012 of Vadakkanchery Police Station.
4. The third respondent, is the de-facto complainant. The third respondent has filed an affidavit stating that the entire matter has been amicably settled and presently, the de-facto complainant has no complaints against the petitioners. According to her, she wants to get the matter quashed, as she is not willing to face the trauma of the trial.
5. The third respondent has entered appearance. The learned counsel for the third respondent/ de-facto complainant also submits that the matter has been amicably settled between the parties. When the matter has been amicably settled and the first petitioner and the de-facto complainant are residing together as husband and wife, the matter need not be proceeded with.
B.A. 6304 of 2014 3 In the result, this Crl.M.C. is allowed. Annexure II Final Report and all further proceedings against the petitioners in C.C. No.1955 of 2012 before the Judicial First Class Magistrate's Court, Alathur, are quashed.
B.KEMAL PASHA, JUDGE dl
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Title

Raju vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
12 November, 2014
Judges
  • B Kemal Pasha
Advocates
  • Sri Baby Mathew