UMESH Vs. STATE OF KERALA

JUDGEMENT

(1.) This is a petition filed under Sec. 482 Cr.P.C. by the petitioners are the accused in C.C.No.1414/2017 pending before the Judicial First Class Magistrate Court, Mattannur, arising out of Crime No.607/2017 of Iritty Police Station. The offences alleged against the petitioners are under Sec. 498A of IPC.

(2.) The prosecution case is that the 1st accused married the defacto complainant as per religious rights and ceremonies and while they were living together as husband and wife he along with the 2nd accused subjected her to cruelty both physically and mentally and also appropriated her 15 sovereigns of gold ornaments and thereby they are alleged to have committed the aforesaid offences.

(3.) According to the learned counsel for the petitioners, as per Annexure A2 judgment of the Family Court, Kannur, the marriage between the 1st petitioner and the defacto complainant was annulled and as such, the offence under Sec. 498A IPC will not lie against the petitioners. Therefore, she prayed for quashing all further proceedings against the petitioners.