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Younis Yousaf

High Court Of Kerala|19 December, 2014
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JUDGMENT / ORDER

~ ~ ~ ~ ~ ~ This is a petition filed under Section 482 of the Code of Criminal Procedure. 2. Petitioners are the accused in Crime No.3133/2013 of Perumbavoor Police Station registered for the offence punishable under Section 498A of the Indian Penal Code.
3. Petitioners have come up with this petition for getting Annexure-A2 final report in Crime No.3133/2013 of Perumbavoor Police Station as against the petitioners and all further proceedings based on it pending before the Judicial First Class Magistrate's Court, Perumbavoor, quashed.
4. The allegation against the petitioners is that they have tortured and harassed the de facto complainant and Crl.M.C.6639/2014 : 2 :
treated her with cruelty within the meaning of Section 498A IPC, by demanding more dowry.
5. Heard learned counsel for the petitioners, the learned counsel for the defacto complainant, who is the 1st respondent herein, and learned Public Prosecutor.
6. 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.
7. The defacto complainant, who is the 1st 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, therefore, all further proceedings in the matter referred to above can be quashed. She has entered appearance through her Crl.M.C.6639/2014 : 3 :
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.
8. When all the matrimonial disputes have been settled between the parties and as the defacto complainant has no complaints against the petitioners, 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-A2 final report in Crime No.3133/2013 of Perumbavoor Police Station as against the petitioners and all further proceedings based on it pending before the Judicial First Class Magistrate's Court, Perumbavoor are hereby quashed.
Sd/-
(B.KEMAL PASHA, JUDGE) aks/19/12 // True Copy // PA to Judge
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Title

Younis Yousaf

Court

High Court Of Kerala

JudgmentDate
19 December, 2014
Judges
  • B Kemal Pasha
Advocates
  • C A Navas Sri
  • T K Sasikumar
  • Sri Roy Varghese
  • Sri Shaji Samad
  • C J Soloman Sri Ambily