SABIN 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 in C.C.No.1242/2013 of the Judicial First Class Magistrate Court, Vaikom, which is a case instituted upon the police report in Crime No. 209/2012 of Velloor Police Station for the offences punishable under Sections 498(A) r/w Section 34 of Indian Penal Code and Sections 66(E), 67 and 67(A) of the Information Technology Act with a prayer to quash Annexure A final report as the matter is settled out of court.

(2.) THE allegation in the above case is that the de facto complainant was married by the first accused on 08.05.2011. The de facto complainant and the first accused stayed together for about one month. Thereafter, he left for gulf. A complaint was filed by the de facto complainant before N.S.S Karayogam on 20.01.2012. As the 1st petitioner got employment in Kerala State Financial Enterprises, he came from gulf on 02.05.2012 and joined K.S.F.E on 14.05.2012. The allegation against the 1st petitioner is that he had taken nude photos of the de facto complainant and it was shown to others. He also threatened her that the same will be exhibited in public in case she fails to satisfy the demands for more dowry etc. In addition to that, he demanded her to take identical photos, save the same in memory card and forward it to him through some of his friends who had come to Kerala on leave and thereby committed the aforesaid offences. Now, the case of the petitioners is 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/case. Therefore, the continuation of the proceedings in the above case/crime is abuse of process of law and proceedings.