TIRUPATHIPRIYA Vs. SUB-INSPECTOR OF POLICE

JUDGEMENT

(1.) This criminal petition is filed under Sec. 482 of Criminal Procedure Code (for short "Cr.P.C.") to quash the proceedings in C.C. No. 183 of 2018 on the file of the Judicial Magistrate of First Class, Parchur, registered for the offence punishable under Ss. 494, 506, 509, 109 read with 34 of Indian Penal Code (for short "I.P.C.").

(2.) Petitioners herein are accused Nos.4, 8 and 9. Respondent No. 3 is the complainant. On 11/1/2018 respondent No. 3 filed a complaint before the police alleging that her marriage was performed with accused No. 1 on 14/8/2014 according to Christian Marriage Act in the presence of elders and parents. As her husband, father-in-law and sister-in-laws harassed her, she gave report to the Karamchedue police. Thereafter, while the marriage of the complainant and accused No. 1 is in force, her husband-accused No. 1 married petitioner No. 1 herein, and started living with her at Coimbatore. When the complainant, her mother question accused No. 1 about his second marriage, he abused the complainant and threatened her with dire consequences. Basing on the said report, a case in Crime No. 3 of 2018 on the file of Karamchedu Police Station was registered for the offences punishable under Ss. 494, 509, 506, 109 read with 34 of I.P.C. After completion of investigation, police filed charge sheet and the same was registered as C.C. No. 183 of 2018 on the file of the Judicial Magistrate of First Class, Parchur. Petitioner No. 1 herein is accused No. 4. Petitioner No. 1-accused No. 4 is the daughter of petitioner Nos. 2 and 3, who are arrayed as accused No. 8 and 9. The present petition has been filed to quash the said C.C. No. 183 of 2018.

(3.) During hearing, learned counsel for the petitioners contended that petitioner No. 1 did not marry accused No. 1 and except a fabricated photograph, no other material is filed by the complainant in support of the averments made in her complaint. Neither the averments of the complaint lodged by the complainant and charge sheet disclose the role of petitioner Nos. 2 and 3 in the commission of alleged crime either directly or indirectly, and requested to allow the present petition.