NIMIJA Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Miscellaneous Case has been filed under Sec. 482 of the Code of Criminal Procedure, 1973, (for short, 'the Cr.P.C.' hereinafter) to quash Annexure 1 Final Report in C.C.No.618/2022 on the files of the Judicial First Class Magistrate Court, Kuthuparamba, arose out of Crime No.218/2022 of the Kuthuparamba police station, Kannur, and all further proceedings thereof. The petitioner herein is the 3rd accused in the above case.

(2.) Heard the learned counsel for the petitioner, the learned counsel appearing for the de facto complainant and the learned Public Prosecutor.

(3.) In a nutshell, the prosecution alleges commission of offence punishable under Sec. 498A r/w Sec. 34 of the Indian Penal Code (for short, 'the IPC' hereinafter) by the accused and the foundation for the said offence stems from the plank of marriage of the 1st accused and the de facto complainant on 8/4/2019. The specific allegation is that after the marriage, while the de facto complainant was staying at the matrimonial home, she was subjected to persecution by the 1st accused, who is her husband, the 2nd accused, father-inlaw of the de facto complainant and the 3rd accused, who is the wife of the elder brother of the 1st accused.