SREEKUMAR Vs. PEARLY KARUN

JUDGEMENT

(1.) First petitioner is the husband of the first respondent and second petitioner is the mother of the first petitioner. Crime No. 49/98 of Vaikom Police Station is registered against them. They seek to quash the F.I.R.

(2.) First petitioner filed H.M.A.O.P. No. 11/97 for divorce before the Court of the Principal Sub Judge, Kottayam against the first respondent. The case was taken for settlement on 29.11.1997. The dispute between the parties are settled in the presence of mediators. Parties agreed to continue to reside together. So the case was adjourned to 6.12.1997 for filing a joint application.

(3.) It is admitted that on 30.11.1997 the first respondent was taken to the house of the first petitioner with the child and they lived together there for two days, on 30.11.1997 and 1.12.1997. But it is the case of the first respondent that she was subjected to sexual intercourse against her will and without her consent. It is also her case that thereafter she was harassed and humilated by the petitioners claiming more amount by way of dowry. As the first respondent was not in a position to meet the demand of the petitioners she was sent to her house. The dispute was not settled as agreed upon on 29.11.1997.