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2013 Supreme(Online)(KER) 8402

HIGH COURT OF KERALA
V.K.MOHANAN, J
K.JABIR – Appellant
Versus
FATHIMATH SHAHLA – Respondent


O R D E R

The above petition is filed under Section 482 of the Criminal Procedure Code (for short 'Cr.P.C.') at the instance of the petitioners, who are accused in Crime No.245/2013 of Panniyankara Police Station for the offences punishable under Sections 406, 498A, 506(ii), 468, 471 r/w Section 34 of I.P.C., with a prayer to quash the entire proceedings in Crime No.245/2013 of Panniyankara Police Station, Kozhikode as the matter is settled out of court.

2. The prosecution case is that the 1st accused married the defacto complainant, suppressing his earlier marriage with another lady and while living as husband and wife, 80 sovereigns of gold ornaments and 5 lakhs rupees was misappropriated by the petitioner and it is also alleged that the accused mentally and physically harassed the defacto complainant. Thus, according to the prosecution, the accused has committed the offences punishable under Sections 406, 498A, 506(ii), 468, 471 r/w Section 34 of IPC. Now, the case of the petitioner is that the matter is settled with the defacto complainant who is the first respondent and they are living together. Accordingly the defacto complainant, the first respondent had sworn into Annexure-B

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