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2022 Supreme(Ker) 942

KAUSER EDAPPAGATH
Rajesh – Appellant
Versus
Station House Officer Adoor Police Station – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Manu Ramachandran
For the Respondent: Sri Sangeetha Raj-PP

JUDGMENT :

An employer and his wife who were saddled with a criminal prosecution initiated at the instance of his erstwhile employee under the Protection of Women from Domestic Violence Act, 2005 (for short, 'the DV Act') are the petitioners.

2. The 2nd respondent herein filed an application (Ext.P2) under Section 12 of the DV Act against six persons at the Judicial First-Class Magistrate Court, Adoor (for short, 'the court below’). The petitioners herein are respondents 1 and 2. A vague allegation has been made in the first paragraph of Ext. P2 to bring the application within the ambit of the DV Act that the petitioners are the relatives of the husband of the 2nd respondent. However, the entire reading of Ext. P2 application would show that the petitioners are none other than the 2nd respondent’s employer and wife. The respondents 3 to 5 in Ext.P2 are two of her co-employees and their parents.

3. Admittedly, the 2nd respondent was an employee of the 1st petitioner in a business concern run by him under the name and style 'M.R. Enterprises' at Adoor. The 2nd petitioner is the wife of the 1st petitioner. The 2nd respondent worked in the said business concern as collection agent for a s

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