JOSE Vs. JOJO ANTONY

JUDGEMENT

(1.) Petitioners are the accused in CC No. 1319/2008 on the file of Judicial First Class Magistrate Court, Irinjalakuda. This petition is filed under S.482 of Code of Criminal Procedure to quash Annexure A final report, which was taken cognizance by the Magistrate for the offences under S.3 and 4 of Prohibition of Dowry Act. Prosecution case is that marriage of the second petitioner and second respondent was fixed to be solemnized on 02/03/2003, on 12/01/2008 from the Church in accordance with religious practice and thereafter petitioners made a demand for dowry of Rs.10 lakhs and informed them that if dowry is not paid, marriage cannot be performed and marriage did not take place and by demanding dowry petitioners committed offences under S.3 and 4 of Prohibition of Dowry Act. This petition is filed to quash the case contending that subsequently second respondent got married with another man and she is living happily and there was a settlement of all the disputes between first respondent father and second respondent on the one hand and the petitioners on the other and towards the loss sustained by respondents 1 and 2 on account of the dispute, petitioners paid rupees one lakh as damages and respondents 1 and 2 have agreed to settle the dispute and they have no subsisting grievance against the petitioners and therefore the case is to be quashed.

(2.) Annexure B affidavit of the first respondent, Annexure C affidavit of the second respondent and Annexure D agreement settling the disputes, entered into by the first petitioner and first respondent were also produced. Respondents 1 and 2 also appeared through a Counsel.

(3.) Learned Counsel appealing for the petitioners, respondents 1 and 2 and learned Public Prosecutor were heard.