SREELARAJ Vs. STATE OF KERALA

JUDGEMENT

(1.) This Crl.M.C. under Sec. 482 of the Code of Criminal Procedure (for short 'Cr.P.C.' hereinafter) has been filed by the petitioners, who are accused Nos.1 to 3 in C.C.No.2698/2021, arising out of Crime No.291/2021 of Varkala Police Station, Thiruvananthapuram.

(2.) Heard the learned counsel for the petitioners and the learned counsel appearing for the 3rd respondent/defacto complainant. Also heard the learned Public Prosecutor in detail. Perused the case diary and the statement of the witnesses. Perused the decision of the Apex Court in xxxx v. xxxx in Crl.Appeal No.416/2020 dtd. 24/4/2020 placed by the learned counsel for the petitioners.

(3.) In this matter, as on 29/1/2021, FIR was registered on the allegation that accused Nos.1 to 3, who are the husband and parents of the husband, committed offence punishable under Sec. 498A read with Sec. 34 of the Indian Penal Code (for short 'IPC' hereinafter). The allegation in the FIR is to the effect that the 1st accused, who married the defacto complainant on 22/4/2011, while the defacto complainant was staying along with the 1st accused and her parents at the matrimonial home subjected her to cruelty on the allegation that she did not have required beauty and also the dowry given was insufficient. Demand for Rs.10.00 lakh as dowry is another allegation. Later, the husband went to Sharjah and when the defacto complainant joined him in Sharjah, there the cruelty had been continued. On investigation, final report filed alleging commission of offence punishable under Sec. 498A of IPC by accused Nos.1 to 3.