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Siyad vs State Of Kerala

High Court Of Kerala|13 November, 2014
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JUDGMENT / ORDER

This is a petition filed under Section 482 Cr.P.C. by the accused in C.C.No.424 of 2012 of the Judicial First Class Magistrate’s Court (Forest Offences), Nedumangad for getting all the proceedings in C.C.No.424 of 2012 of the said court, quashed. 2. The aforesaid case before the court below is one alleging an offence punishable under Section 498A read with Section 34 IPC. The allegation against the petitioners is that they have tortured and harassed the defacto complainant, who is the wife of the 1st petitioner and treated her with cruelty within the meaning of Section 498A IPC.
3. The matter was referred for mediation and a mediation was conducted. In the mediation, the matter was settled between the parties amicably. A memorandum of Crl.M.C.No.6321/2014 : 2 :
agreement, a copy of which is produced as Annexure A2, was entered into. The defacto complainant, who is the 2nd respondent herein, has filed an affidavit stating that she has consciously and willingly compounded the matter. As the matter has been amicably settled, she does not want to proceed with the matter further and she wants to get the proceedings in the said case quashed. The 2nd respondent entered appearance through counsel. The learned counsel for the 2nd respondent also endorses the fact that the affidavit has been filed by the 2nd respondent on her own volition. When the matter has been amicably settled between the parties and the parties do not want to proceed with the matrimonial dispute which is projected in C.C.No.424 of 2012 of the Judicial First Class Magistrate’s Court (Forest Offences), Nedumangad, it is just and proper in the interest of justice to quash the said proceedings.
In the result, this Crl.M.C. is allowed and Annexure A1 Final Report as against the petitioners and all further proceedings in C.C.No.424 of 2012 of the Judicial First Crl.M.C.No.6321/2014 : 3 :
Class Magistrate’s Court (Forest Offences), Nedumangad are hereby quashed.
Sd/-
B.KEMAL PASHA, JUDGE DSV/13/11
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Title

Siyad vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
13 November, 2014
Judges
  • B Kemal Pasha
Advocates
  • K T Shyamkumar Sri Harish
  • R
  • Menon