JOMY JOHNY Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under section 438 of the Code of Criminal Procedure, 1973.

(2.) The applicants herein are the accused Nos. 1 and 4 in Crime No.62/2018 of the Wadakkanchery Police Station. The aforesaid crime was registered based on a complaint filed by the de facto complainant before the Judicial Magistrate of First Class, Wadakkanchery, which was referred to the police for investigation and report. Though the Crime was initially registered under Sections 120B, 498A, 294(b), 307, 313, 323, 354, 406, 420, 452, 504, 506 and 509, r/w 34 of IPC, in the course of investigation, major offences under Sections 313, 307, 294(b), 452, 504, 506 and 509 of the Penal Code were found not made out and those Sections were deleted.

(3.) According to the de facto complainant, she married the 1st applicant herein on 26.1.2017. The accused Nos. 2 and 3 are the parents of the 1st accused and the 4th accused is his brother-in-law. She alleges that the applicants herein along with accused Nos. 2 and 3 subjected the de facto complainant to cruelty and harassment demanding property and valuable security. It is further alleged that due to the physical assault by the accused, the de facto complainant had to suffer a miscarriage. Insofar as the 2nd applicant is concerned, it is alleged that he caught the hand of the de facto complainant and attempted to outrage her modesty.