ANAS Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are the accused in Crime No.1765/2021 of Aluva Police Station, Ernakulam District alleging commission of offences under Sec. 498A read with Sec. 34 of the Indian Penal Code.

(2.) The 1st petitioner got married to the de facto complainant on 25/2/2018. The allegation against the petitioners is that after the marriage of the de facto complainant with the 1st petitioner/1st accused, she was harassed continuously for demanding dowry and also by stating that she was not good looking. It is also alleged that the 1st petitioner had assaulted the de facto complainant.

(3.) The learned counsel for the petitioners would submit that the petitioners are absolutely innocent in the matter. It is submitted that the complaint has been filed after the 1st petitioner had approached the Family Court, Ernakulam through Annexure-A2 petition for restitution of conjugal rights. It is also submitted that the de facto complainant had approached the Family Court, Ernakulam by filing M.C. No.213/2021 seeking maintenance. It is submitted that the complaint was filed thereafter raising allegations of cruelty and harassment and assault only to ensure that the matrimonial disputes which are pending before the Family Court are settled in a manner suitable to the de facto complainant.