LAWS(KER)-2018-12-10

MANEESH T K Vs. SOMALATHA

Decided On December 03, 2018
Maneesh T K Appellant
V/S
Somalatha Respondents

JUDGEMENT

(1.) This petition is filed under Section 482 of the Code of Criminal Procedure ("the Code" for brevity) with a prayer to quash the proceedings pending against the petitioners.

(2.) The petitioners herein were originally arrayed as the accused Nos.1 to 4 in Crime No.730 of 2018 of the Quilandy Police Station, registered under Sections 376(2)(n), 323, 354(1)(ii) of the IPC and Sections 3(1)(s), 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), 1989.

(3.) The 1st respondent, a lady aged about 32 years, is the de facto complainant. In her statement, she states that she is a married woman and the mother of two children. She belongs to the Scheduled Caste community. According to her, she used to go for studying Vedas at the Kasyap Ashramam, Kozhikode, where she met the 1st petitioner herein. They became closely acquainted and the 1st petitioner started visiting her residential home. They started having a physical relationship. Persuaded by the words of the 1st petitioner, she eloped with him and stayed together for a brief while. Later, differences cropped up between them. On 25.10.2018, she was called for mediation and the 2nd petitioner is alleged to have assaulted her. She further alleges that the petitioners 3 and 4, who are close friends of the 1st petitioner, is alleged to have called her by her caste name and abused her. This is the nature of allegations levelled against the petitioners by the de facto complainant in her statement.