ASHITHA Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the 3rd accused in Crime No.647 of 2018, now pending as C.C No.314 of 2019 before the Judicial First Class Magistrate Court-III, Attingal. The offences alleged are under Sec. 498 A, read with Sec. 34 of Penal Code. The petitioner herein is the sister of the husband of the defacto complainant. She seeks quashment of the said crime, as also, the entire proceedings therein.

(2.) Heard the learned Senior Counsel for the petitioner, learned counsel for the defacto complainant (respondent no.2) and the learned Public Prosecutor. Perused the records.

(3.) Learned Senior Counsel would submit that, apart from certain bald and vague allegations against the petitioner, there is nothing in the FIS to implicate the petitioner for offence under Sec. 498 A. Nor is there any such incriminating material in the statement given by the defacto complainant's father and mother. It was pointed out that the marriage took place in the year 2010, and the defacto complainant/wife left the matrimonial home, sometime in 2013. Thereafter, she was living separately. In the year 2015, the defacto complainant left to a gulf country, whereupon her husband (petitioner's brother) filed O.P No.879 of 2015, seeking dissolution of marriage. It is three years thereafter, that is to say, on 12/5/2018, the instant crime was registered, pursuant to the FIS preferred by the defacto complainant. According to the learned Senior Counsel, the present crime is nothing, but a counterblast to the divorce petition preferred by the husband.