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2017 Supreme(Ker) 1140

B.SUDHEENDRA KUMAR
Ayshath Muneera Hameed – Appellant
Versus
Chikkilodancheriya Kooveri Davood – Respondent


Advocates Appeared:
For the Appellant :Smt. K. Deepa (Payyanur) and Sri. V.R. Nasar, Advocates
For the Respondent:V.C. Archana, Advocate, Sri. C. K. Prasad, Public Prosecutor

ORDER :

B. Sudheendra Kumar, J.

The petitioner is the de-facto complainant in C.C. No.4834 of 2016 on the files of the court below.

2. The first respondent is the accused in the said case. The offence alleged against the first respondent as per Annexure 1 final report is the offence under Section 498A I.P.C.

3. Heard.

4. Both the petitioner and the first respondent filed separate affidavits stating that the matter has been settled between the parties and hence, they are presently residing together as husband and wife under one roof.

5. The learned Public Prosecutor has submitted that Annexure-I final report cannot be quashed on the application filed by the de-facto complainant, since the offence alleged is not a compoundable offence. However, the learned Public Prosecutor has fairly conceded that the matter has been settled between the parties and hence, they are now residing together as husband and wife under one roof.

6. The Hon'ble Apex Court in Suresh Nathmal Rathi and others v. State of Maharashtra and another (1992 KHC 1478) observed that a duty is cast upon the court to make every endeavour in matrimonial cases, to bring about a reconciliation between the parties, when it appears t






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