ANZARE. Vs. STATE

JUDGEMENT

(1.) This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure.

(2.) The petitioner is the first accused in Crime No.975 of 2014 of Central Police Station, Ernakulam registered for offences punishable under Sections 417 , 468 and 471 of the Indian Penal Code. The de facto complainant in the case is the wife of the petitioner.

(3.) Earlier, on the information given by the de facto complainant that the petitioner and three others subjected her to cruelty and assaulted her, a crime was registered by Chavara Police as Crime No.733 of 2009 under Sections 323 and 498A of the Indian Penal Code. After the investigation, the police submitted final report in the case and the same was taken to file by the Judicial First Class Magistrate Court, Karunagapally as C.C.No.3 of 2010. The offences shown in the final report were the offences punishable under Sections 406 and 498A of the Indian Penal Code. While so, the petitioner preferred Crl.M.C No.1312 of 2012 before this court for quashing the proceedings in C.C.No.3 of 2010 on the ground that the matter has been settled between the petitioner and the de facto complainant. An affidavit allegedly sworn to by the de facto complainant was also produced along with Crl.M.C No.1312 of 2012. This court allowed Crl.M.C No.1312 of 2012 and quashed the entire proceedings in C.C.No.3 of 2010.