LINU JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Miscellaneous Case has been filed under Sec. 482 of the Code of Criminal Procedure by the accused in C.C.No.163/2022 on the files of the Judicial Magistrate of First Class-II, Aluva, and the prayers are as under;

(2.) Heard the learned counsel for the petitioner and the learned counsel for the additional 2nd respondent/the complainant. Also heard the learned Public Prosecutor. Perused the relevant records.

(3.) Here the prosecution alleges commission of offence punishable under Sec. 31 of the Domestic Violence Act by the petitioner, who is the husband of the complainant, in a case arose out of Crl.M.P.No.1083/2014 filed before the Judicial First Class Magistrate Court-II, Aluva. The sum and substance of the allegation, as could be read out from paragraph 3 of the complaint is as under;