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2023 Supreme(Ker) 550

K. BABU
Greik Xavier, S/o. Xavier Mulappamadom Thomas – Appellant
Versus
Sub Inspector Of Police, Angamaly Police Station, Ernakulam – Respondent


Advocates Appeared:
For the Petitioner: K. Rakesh Roshan, C. Vathsalan, Thushara V.
For the Respondents: Sri. N.R. Sangeetharaj.

ORDER :

1. The petitioner, the accused in FIR No.865 of 2011 of Angamaly Police Station, seeks to quash all further proceedings pursuant to the registration of the crime.

2. The petitioner is alleged to have committed an offence punishable under Section 498-A r/w Section 34 of the Indian Penal Code.

3. Heard both sides.

4. The petitioner was the husband of respondent No.4. A child was born in their wedlock. While they were living together, a difference of opinion arose in 2011. Respondent No.4 filed a complaint against the petitioner and others, which formed the basis of registration of the crime by the Angamaly Police on 9.6.2011. There were other matrimonial cases pending between the petitioner and respondent No.4. They settled the entire dispute in the presence of mediators. They filed a joint petition as O.P.No.283/2014 seeking divorce before the Family Court, Ernakulam. Their marriage was dissolved as per Annexure-3 judgment dated 19.8.2014.

5. Based on the agreement entered into between the parties, payments were made by the petitioner to respondent No.4 and his child towards maintenance and other expenses. All other litigations were closed based on the settlement arrived at betwe

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