JIMSON A. GEORGE Vs. STATE OF KERALA

JUDGEMENT

(1.) Both these petitions are filed under Sec. 482 Cr.P.C. to quash the proceedings in C.C No.3013/2017 on the files of the Judicial First Class Magistrate Court-I, Chengannur, which arose out of Crime No.366/2017 of Venmani Police Station. The petitioner in Crl.M.C No.2698/2024 is the first accused and the petitioner in Crl.M.C No.7408/2023 is the third accused in that case. The offences alleged against them are under Ss. 141, 147, 447 and 498A I.P.C.

(2.) The case was registered by the Venmani Police on 13/3/2017 as per the directions of the Judicial First Class Magistrate Court-I, Chengannur under Sec. 156(3) Cr.P.C, in a complaint preferred by the de facto complainant/2nd respondent. The allegation in the said complaint was that the first accused, who married the de facto complainant on 27/8/2012, had been subjecting the de facto complainant to matrimonial cruelty, with the assistance of the second accused-his father, the third accused-his brother, and the 4th and 5th accused, who are his grandmother and cousin respectively, demanding more dowry. It is alleged that, in the month of November, 2014, and on 30/11/2016, the accused had physically tortured the de facto complainant at their residence. Thereafter, on 16/12/2016, the accused are alleged to have criminally trespassed into the parental home of the de facto complainant and subjected her to physical torture. In addition to that, the second accused is alleged to have obtained an amount of Rs.20,00,000.00 from the de facto complainant. The first accused is alleged to have obtained 100 sovereigns of gold belonging to the de facto complainant. Thus the accused are alleged to have committed the aforesaid offences.

(3.) In the present petitions, the petitioners would contend that they are totally innocent, and that they have been falsely implicated in this case. According to the petitioners, the inconsistent and contradictory versions in the complaint filed by the de facto complainant, itself reveal the falsity of the allegations levelled against them.