ABOOBACKER SIDHIK Vs. STATEOF KERALA

JUDGEMENT

(1.) The petitioner herein is the 1st accused in Crime No.465 of 2014 of Ottappalam police station, which is registered for offence punishable under sections 498 r/w S.34 of the Indian Penal Code. After investigation final report was laid before the learned Judicial Magistrate of First Class -I, Ottappalam, who took cognizance of the case as C.C.1236 of 2014.

(2.) Accused Nos.2 to 4 in the above case were the father, mother and sister of the petitioner herein. The petitioner was abroad and did not face the trial. The trial was proceeded against the accused Nos. 2 to 4 and as per Annexure -4 judgment dated 30.3.2016, the accused were found not guilty and Crl.M.C.2657/16 were acquitted under Section 248(1) of the Cr.P.C. Annexure -A2 is the joint statement filed by the de facto complainant and the accused Nos.2 to 4 before the learned Magistrate. Annexure -A3 is the copy of the deposition of the de facto complainant before the learned Magistrate.

(3.) According to the learned counsel for the petitioner, the petitioner was unable to face trial as he was abroad. It is further submitted by the learned counsel relying on Annexure -A2, A3 and A4 that the parties are residing together and the matter has been settled once and for all.