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2014 Supreme(Online)(KER) 14161

HIGH COURT OF KERALA
P.D.RAJAN, J
SIVA PRAKASH – Appellant
Versus
DHANYA MANMADAN – Respondent


Advocates:
SMT.TISSY ROSE K CHERIYAN, SRI.ABRAHAM THOMAS (PUTHURAN), MR.GITHESH R.

ORDER

This petition is filed u/s.482 Cr.P.C. to quash Annexure-

A1 F.I.R. in Crime No.1173/2010 of Pathanamthitta Police Station, which is pending before the Chief Judicial Magistrate Court, Pathanamthitta for the offence punishable u/s.498A r/w. 34 IPC , by invoking the inherent jurisdiction. The petitioners are accused in the above case, which was filed by Smt. Dhanya Manmadan, who is the 1st respondent in this petition. The petitioners contended that they had settled the dispute amicably with intervention of respectable mediators of both parties and there is nothing survive. Both parties were remarried and leading a comfortable married life and no dispute among them. The learned counsel for the petitioners relied Apex Court decision inB.S. Joshy v. State of Crl.M.C.No.3843/12 2 Haryana and another [2003 (4) SCC 675] . The 1st respondent also has no objection and therefore, the trial of the above case is mere abuse of process of Court.

2. The allegation of the 1st respondent in the trial court was that the 1st petitioner married the defacto complainant (1st respondent) on 3.2.2003 as per customary rites, thereafter, both parties resided together as husband and wife in the matrimonia

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