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2023 Supreme(Online)(KER) 24500

HIGH COURT OF KERALA
BECHU KURIAN THOMAS, J
KUNHIMOOSA, – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SABIKH MOHAMMED V.S & SMT.M.K PUSHPALATHA

ORDER

This petition is filed under Section 482 of the Code of Criminal Procedure, 1973 seeking to quash all further proceedings in Crime No.34 of 2023 of Edacherry Police Station, Kozhikode alleging offence under Sections 498A and 406 read with Section 34 of the Indian Penal Code, 1860 .

2. The prosecution case is that the accused, who are the husband and in-laws respectively of the defacto complainant, harrassed her mentally and physically in pursuance of their demand for dowry and and hence, committed the offence.

3. Though the FIR was filed arraying petitioners as accused Nos.1 to 4, alleging offences under Sections 498A and 406 read with Section 34 of the IPC , it is submitted by the learned counsel for the petitioners that in the meantime, the matter has been settled between the parties. In support of the said submission, 3rd respondent has filed an affidavit as Annexure-A2 stating that the disputes between them have been settled fully.

4. Learned counsel appearing for the 3rd respondent submitted that the 3rd respondent had signed the affidavit knowing fully well of its contents and that she is not interested to proceed with the case.

5. Pursuant to instructions obtained by th

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