TEENA PHILIP Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner in the Crl.M.C. married the 2nd respondent on 22.05.2011 as per religious rites. It was alleged that while they were living together as husband and wife, the petitioner/husband harassed the 2nd respondent both physically and mentally, accusing her that she was not beautiful and that the dowry given at the time of marriage was less. While so, he contracted a second

(2.) Crl.M.C. was filed by the husband contending that with the intervention of well wishers of husband and wife, an amicable settlement was arrived at, and parties have resolved to live separately. Hence, the husband sought to quash the criminal proceedings. To support his case, husband relied on an affidavit affirmed by the wife produced as Annexure A. After hearing both sides and relying on the affidavit, Crl.M.C. was allowed by this court, by order dated 01.02.2018 and all proceedings in C.C.No.2079 of 2015 of JFMC-1, Kochi, arising from Crime No.783 of 2015 were quashed.

(3.) The present Crl.M.A. is filed by the wife, with a prayer to recall the order dated 01.02.2018 in the Crl.M.C. She asserted that Annexure B affidavit filed along with the Crl.M.C. was sworn on the basis of a post cognizance settlement. She believed that husband will comply with the terms of settlement which mainly included monetary reliefs. However, after paying a paltry amount, husband has now resiled from the settlement on the ground that she had contracted a re-marriage. It was alleged that he has played fraud on her and hence the order quashing the final report is liable to be recalled.