Sreelaraj VS State of Kerala

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

A. BADHARUDEEN
Sreelaraj – Appellant
Versus
State of Kerala – Respondent

Counsel for the Parties:
For the Appellant:G.P. Shinod, Govind Padmanaabhan, Ajit G. Anjarlekar, Atul Mathews, Gayathri S.B., Advocates
For the Respondent: Sri. Jibu T.S., Public Prosecutor, P. Parvathy, Shahnoy Shaji, (K/001522/2018), Eldho N. Moncy (K/164/2020)

ORDER

This Crl.M.C. under Section 482 of the Code of Criminal Procedure (for short ‘Cr.P.C.’ hereinafter) has been filed by the petitioners, who are accused Nos.1 to 3 in C.C.No.2698/2021, arising out of Crime No.291/2021 of Varkala Police Station, Thiruvananthapuram.

2. Heard the learned counsel for the petitioners and the learned counsel appearing for the 3rd respondent/defacto complainant. Also heard the learned Public Prosecutor in detail. Perused the case diary and the statement of the witnesses. Perused the decision of the Apex Court in xxxx v. xxxx in Crl.Appeal No.416/2020 dated 24.04.2020 placed by the learned counsel for the petitioners.

3. In this matter, as on 29.01.2021, FIR was registered on the allegation that accused Nos.1 to 3, who are the husband and parents of the husband, committed offence punishable under Section 498A read with Section 34 of the Indian Penal Code (for short ‘IPC’ hereinafter). The allegation in the FIR is to the effect that the 1st accused, who married the defacto complainant on 22.04.2011, while the defacto complainant was staying along with the 1st accused and her parents at the matrimonial home subjected her to cruelty on the allegation that