PONNACHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are the accused Nos.2 & 3 in Crime No.1535/2021 of Pathanamthitta Police Station, Pathanamthitta District alleging commission of offences under Ss. 323, 506, 498A and Sec. 34 of the Indian Penal Code.

(2.) The de facto complainant is the wife of the 1st accused. The 2nd accused, (1st petitioner herein) is the father of the 1st accused. The 3rd accused (2nd petitioner herein) is the sister of the 1st accused. The allegations against the petitioners is that after the marriage of the 1st petitioner with the de facto complainant, the petitioners together with the 1st accused had subjected the de facto complainant to cruelty and had raised demands for payment of more dowry and that the 1st and 2nd accused had also physically assaulted her owing to a demand for dowry.

(3.) The learned counsel for the petitioner would submit that there are matrimonial disputes between the 1st accused and the de facto complainant. The 1st accused had filed OP (Div) No.433/2019 before the Family Court, Pathanamthitta seeking divorce from the de facto complainant. It is submitted that the information which led to registration of Crime No.1535/2021 was given much later and 12/10/2021. It is submitted that the allegations are totally false and are made only with an attempt to settle matrimonial disputes between the 1st accused and the de facto complainant.