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2018 Supreme(Ker) 222

ANNIE JOHN
Ananthakrishnan B. S/o Balakrishnan, Aattuvallil Ushas, Palluruthy – Appellant
Versus
Divya – Respondent


Advocates Appeared:
For the Petitioners: Advs. Sri. Subal J.Paul, Smt. Sheeba Thomas
For the Respondents: Adv. Sri. R. Pradeep, Public Prosecutor Smt. Rekha C. Nair

ORDER :

1. The first petitioner is the first accused in Crime No.1454/2014 of Cusba Police Station, Kochi. The accused Nos. 2 to 4 are the mother, sister and brother of the first accused. The first respondent herein is the wife of the first petitioner. The alleged offence is under sections 406, 420 and 498A of the Indian Penal Code. The first accused married the first respondent on 08.11.2012, at Arayankulangara Temple, Perumbalam, according to Hindu religious custom and ceremonies. A male child was born out in the wedlock in 07.01.2014, who is now under the custody of the first respondent. The first respondent had filed a complaint before the Cusba Police Station, Kochi against the petitioners alleging torture. Certified copy of the FIR is produced as Annexure A1. The first petitioner has already approached this Court for the same relief in Crl.M.C.3304/2017, but the first respondent appeared and stated that the matter is not settled, which resulted in a dismissal by giving a liberty to file fresh M.C. with the same prayer. The certified copy of the order in Crl.M.C. is produced as Annexure A2. On 13.03.2018, the first petitioner and the first respondent filed a mutual consent appl








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