VIBIN K VIMAL S/O VIMAL KUMAR; VIMAL KUMAR; LEELA VIMALKUMAR W/O VIMAL KUMAR Vs. STATE OF KERALA; RESHMA RAJ D/O RAJEEV

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.149 of 2012 of the Judicial First Class Magistrate Court-1, Perumbavoor which is a case instituted upon the police report [in Crime No.308 of 2011 of Kodanadu Police Station] For the offences punishable under Section 498A r/w 34 of I.P.C. with a prayer to quash Annexure-A1 final report and further proceedings in pursuance to the same in C.C.No.149 of 2012 of the Judicial First Class Magistrate Court-1, Perumbavoor as the matter is settled out of court.

(2.) The allegation in the above case is that the first petitioner herein married the second respondent in accordance with the religious rites and custom prevailed among the Hindu religion on 11.09.2009 and thereafter the de facto complainant who is the second respondent herein was residing along with the accused in the matrimonial home and during this period difference of opinion arose among the spouse connected with the fact no issue born out of the wedlock. On the basis of the above, the de facto complainant is subjected to harassment both mentally and physically and also alleged that they had demanded more dowry and thus according to the de facto complainant accused three in numbers have committed the offences punishable under Section 498 A read with 34 of Indian Penal Code. Now the case of the petitioners is that the matter is settled out of court and now they have decided to live separately.

(3.) Heard the learned counsel for the petitioners as well as the second respondent. I have also heard the learned Public Prosecutor.