SHIJUMON Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an application filed by the accused in Crime No.259/2012 of Chittarickal Police Station, Kasargod District, to quash First Information Report under Section 482 of the Code of Criminal Procedure.

(2.) IT is alleged in the petition that the petitioners are accused persons in Crime No.259/2012 of Chittarickal Police Station, which was registered alleging commission of offence under Sections 498A, 354, 323 and 506(i) read with 34 of Indian Penal Code. The incident alleged arises out of matrimonial relationship between the defacto complainant wife (second respondent herein) and the first accused/husband, (the first petitioner herein). Petitioners/Accused 2 and 3 are the parents, and petitioner No.4 is the sister, of first accused. The defacto complainant wife entered into matrimony with the first accused person on 19.12.2011. According to the wife, she had been staying in the matrimonial home after the marriage, and while staying together, husband left for Muscat. The accused 2 to 4 started ill treating the defacto complainant on one or other reasons, and complaining that the gold ornaments worth Rs.4 lakhs and amount of Rs.1 lakh given by the wife at the time of marriage was being insufficient, she was subjected to harassment. The husband, although was informed of the cruelty, did not react but he was in support of his parents and sister. There was an instance where defacto complainant and her mother were assaulted. Due to the intervention of the relatives and well wishers, entire disputes arising in the matrimony of the couple have been settled amicably and they started staying together under the same roof. Now the petitioners pray for quashing the proceedings on the file of the Judicial First Class Magistrate's Court-II, Hosdurg.

(3.) HEARD the counsel for petitioners, second respondent and Public Prosecutor.