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2019 Supreme(Ker) 328

SUNIL THOMAS
Teena Philip, D/o. Philip – Appellant
Versus
State of Kerala Represented By Public Prosecutor, High Court of Kerala, Ernakulam – Respondent


ORDER :

1. The petitioner in the Crl.M.C. married the 2nd respondent on 22/5/2011 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 marriage with another woman. 2nd respondent laid FIS on 3/11/2015. Crime No. 783/2015 was registered at Kannamaly police station. After investigation, final report was laid on 14/12/2015, for offences punishable under sections 498A and 494 IPC.

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, 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 1-2-2018 and all proceedings in C.C.No.2079/2015 of JFMC-I, Kochi, arising from Crime No 783/2015 were quas













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