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2025 Supreme(Online)(Ker) 50718

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
MOHAMMAD NIYAS U.A – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.B.PREMOD, SHRI.RAJAN E. A, SHRI.ROY AKKARA
For the Respondents: SMT.KEERTHI M., SHRI.ARJUN RAJA P.C., SRI.M.P.SHIJU, SRI.A.VIPIN NARAYAN PP

ORDER

This is a petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita , 2023 by the accused Nos.1,3,5 and 6 in Crime No.412/2021 of Chalissery Police Station, Palakkad, which is pending as CC. No.604/2021 on the file of the Judicial First Class Magistrate Court, Pattambi. The offences alleged against the petitioners are punishable under Sections 498A and 323 read with 34 of the Indian Penal Code , 1860

2. The prosecution case is that the 1st accused being the husband of the defacto complainant and the other accused being his relatives, subjected her to cruelty both physically and mentally on the ground of dowry and voluntarily caused hurt to her and thereby they alleged to have committed the aforesaid offences.

3. According to the petitioners, the dispute has been settled with the defacto complainant and they agreed to drop all further proceedings relating to the above dispute. Therefore, the petitioners prayed for quashing all further proceedings against them.

4. The Defacto complainant filed affidavit endorsing the averments in the Criminal MC. According to her, the case has been amicably settled and that she does not intend to proceed with the case and also th

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