KAKKANATTU BALAGOPALAN NAIR DEEPU Vs. STATE OF KERALA

JUDGEMENT

(1.) Irreconcilable marital discord between the spouses have ultimately led to the registration of Crime No.509 of 2016 of the Ernakulam Town South Police Station at the instance of the wife. The accused in the aforesaid crime is none other than the husband and he is alleged to have committed offence punishable under section 342 of the IPC. The persons who are alleged to have been wrongfully confined are the minor children of the petitioner and the 2nd respondent.

(2.) Contending that the registration of the crime against him is a clear abuse or process of Court, the petitioner has filed this petition under section 482 of the Code.

(3.) The facts indispensable for the consideration and disposal of the instant petition, as is discernible from Annexure-6 complaint filed by the 2nd respondent before the learned Magistrate, are that the petitioner married the 2nd respondent in the year 1999 and two children were born in the wedlock. After stint in various countries abroad, the parties finally settled in Muscat. The relationship between the spouses became strained in course of time. The 2nd respondent alleges that she was mentally and physically harassed. While so on 2.07.2014 , the petitioner along with the 2nd respondent and the minor children returned to India and started living at Ernakulam. The petitioner thereafter went back to Muscat. The children were admitted in the Gregorian Public School at Maradu and they were pursuing their education there.