FAWAZ ASHRAF Vs. HIBA FAIZAL

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 in C.C.No.152/2013 of the Judicial First Class Magistrate Court, Thalasserry which is a case instituted upon the police report for the offences punishable under Sections 406, 420, 498A r/w Section 34 of I.P.C., with a prayer to all further proceedings against the petitioners in C.C.No.152/2013 of the Judicial First Class Magistrate Court, Thalasserry as the matter is settled out of court.

(2.) THE prosecution allegation is that the first accused married the defacto complainant, who is the first respondent herein on 24/7/2011 in accordance with the religious customs and rites prevailing among the Muslim community and while the defacto complainant was residing in her matrimonial home, she was subjected to harassment both mentally and physically and misappropriated the property including gold ornaments belonging to the defacto complainant and thus the accused has committed the offences punishable under Sections 406, 420, 498 A r/w Section 34 of IPC. According to the petitioners during the pendency of the above case the matter is settled amicable and the spouses have decided to separate and accordingly, the first respondent herein the defacto complainant had sworn into Annexure-A3 affidavit and they have also filed a compounding petition which is signed by the petitioners and the first respondent, defacto complainant.

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