NEETHU ANNA JACOB 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 accused in Crime No. 941/2013 of Koipuram Police Station for the offences punishable under Section 498A of I.P.C., which is registered on the basis of the complaint, ie, C.M.P No.9170/2013, received from the Judicial First Class Magistrate Court, Thiruvalla u/s 156(3) of the Code of Criminal Procedure with a prayer to quash Annexure 1 private complaint, Annexure 2 F.I.R No.1912/2013 of Thiruvalla Police as transferred to Koipuram Police and re -registered as Annexure 3 F.I.R No.941/2013 in C.M.P No.9170/2013 pending before the Judicial First Class Magistrate Court, Thiruvalla as the matter is settled out of court.

(2.) THE allegation in the above case is that the 3rd respondent married the petitioner/de facto complainant on 29.10.2012 and while they were residing in the house of 3rd respondent, as per the allegation, demanding more dowry, respondents 3 to 5 harassed the petitioner both mentally and physically and they have committed the offence punishable u/s 498 A of the Indian Penal Code, and now, the case of the petitioner is that the matter is settled out of court.

(3.) THE learned counsel for the petitioner 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.