NANDANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners herein who are spouses have been arrayed as accused Nos. 1 and 2 in Annexure.A-1 Crime No.256/2019 of Mathilakam Police Station, Thrissur Rural, which has been registered for offences punishable under Secs.341, 323, 326, 354 and 34 of the IPC.

(2.) The learned counsel for the petitioner would point out that the de facto complainant in respect of Annexure.A-1 crime are the 1st petitioner's younger brother and the wife of the said younger brother.

(3.) The learned counsel for the petitioner would point out that the abovesaid allegations in Annexure.A-1 crime has been falsely foisted on the petitioners, in order to wriggle out Annexure.A-3 crime No.249/2019, which has been registered at the instance of the petitioners herein, in which the 1st petitioner's younger brother has been arrayed as the accused for offence punishable under Secs.323, 324 & 354 of the IPC at the instance of the 1st petitioner and that be in respect of the incidents, which has happened on the very same day of the same crime as in Annexure.A-1 crime. It is pointed out that the two petitioners herein as well as the 1st petitioner's younger brother and the said younger brother's wife are all living together in the same house and the petitioners have no children. That the said younger brother of the 1 st petitioner has been frequently harassing the 2nd petitioner (who is the wife of the 1st petitioner) and since there was no end to the said harassment, the petitioners were constrained to submit a complaint dated 15.10.2018 before the Mathilakam Police Station, complaining of the said conduct of the younger brother of the 1st petitioner and the said complaint was received by the said police station on 15.10.2018 as evident from Annexure.A-2 receipt, in which the police had conducted an enquiry and since the parties are close relatives, they had arrived at a settlement through the police, stating that both families will live in peace and the younger brother of the 1 st petitioner assured that he will not repeat any such instances. Even thereafter, the younger brother of the 1st petitioner continued the harassment on the 2 nd petitioner and the incident took place on 19.04.2019, pursuant to which Annexure.A-3 crime was registered as against the younger brother, which led to the registration of the instant Annexure.A-1 crime, etc.