MOHAMMED JASER P. Vs. STATE OF KERALA

JUDGEMENT

(1.) THE above petition is filed under Section 482 of the Criminal Procedure Code (for short 'Cr.P.C.') at the instance of the petitioners, who are accused Nos.1 to 3 in C.C.No.913/2011 of the Judicial First Class Magistrate Court, Malappuram which is a case instituted upon the police report in Crime No. 31/2011 of Vengara Police Station for the offences punishable under Sections 406, 498-A and 34 of I.P.C., with a prayer to quash all further proceedings in C.C.no.913/2011 on the file of the Judicial First Class Magistrate Court, Malappuram as the matter is settled out of court.

(2.) THE allegation in the above case is that the second respondent who is the de facto complainant, is married by the first petitioner married her on 30/3/2008 as per Muslim religious rites and at the time of marriage, 40 sovereign gold ornaments and Rs.1,50,000/- were given to her by her parents as gifts. While she was living with the 1st petitioner as wife along with her husband at the matrimonial home differences of opinion occurred among the spouses and the petitioner have mentally tortured her and demanding more money and ornaments, consequently Crime No.31/2011 registered in Vengara Police station which now resulted in instituting C.C.No.913/2011 of the Judicial First Class Magistrate Court, Malappuram. Now, the case of the petitioners are that the matter is settled out of court.

(3.) THE learned counsel for the petitioners submitted that during the pendency of the above crime, the matter is settled amicably between the parties to the dispute which is the subject matter of the above crime. Therefore, the continuation of the proceedings in the above crime is abuse of process of law and proceedings.