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2022 Supreme(Ker) 378

KAUSER EDAPPAGATH
... – Appellant
Versus
State Of Kerala – Respondent


Advocates Appeared:
For The Appellant : T.C.Govindaswamy, Sajeevan Kurukkuttiyullathil, Kala T.Gopi, T.N.Sreekala
For The Respondent: K.L.Sreekala, SMT M K Pushpalatha -SR PP

ORDER :

Dated this the 7th day of June, 2022 This Crl.M.C. has been filed to quash Annexure A1 FIR in Crime No.482/2021 of Mukkom Police Station, Kozhikode Rural u/s 482 of the Code of Criminal Procedure (Cr.P.C.).

2. The petitioners are brothers. They have been arrayed as the accused in the crime mentioned above. The 4th respondent is the wife of the first petitioner. She is a member of a Scheduled Caste. The petitioners are not members of Scheduled Caste or Scheduled Tribe.

3. The offences alleged against the petitioners are punishable under Sections 376, 420, 506 r/w 34 of IPC and S.3(1) (w)(i) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short the SC/ST Act). The crime was registered pursuant to a private complaint filed by the 4th respondent at the Judicial First Class Magistrate Court, Thamarassery. Annexure A2 is the copy of the private complaint.

4. Admittedly, the first petitioner got acquainted with the 4 th respondent during 2020 and the said relationship developed into intimacy. Later, they got married on 28/4/2021 at Sreekrishna Temple according to customary rites. Annexure A3 is the true copy of the relevant page of the marriage r

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