MUHAMMED RAFI 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 5 in C.C.No. 1038/2012 of the Judicial First Class Magistrate Court, Sasthamcottah, Kollam, which is a case instituted upon the police report in Crime No. 1085/2012 of Sooranad Police Station for the offences punishable under Sections 498A, 323, 294(b) and 34 I.P.C. with a prayer to quash Annexure A1 charge and all further proceedings against the petitioners in C.C. No.1038/2012 on the file of the Judicial First Class Magistrate Court, Sasthamcottah, as the matter is settled out of court.

(2.) THE allegation in the above case is that petitioners - husband and other relatives of the third respondent/de facto complainant physically and mentally harassed her and thereby the accused have committed the offences punishable under Sections 498A, 323, 294(b) and 34 I.P.C. and 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 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.