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2024 Supreme(Ker) 510

A. BADHARUDEEN
Sajana P. Sabu, D/o. Sabu – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : ADV V.A.VINOD
For the Respondent: SRI.RENJIT GEORGE

ORDER :

This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, to quash all further proceedings in Crime No.371/2023 of Ambalappuzha Police Station, Alappuzha, as against the petitioner, who is the 2nd accused in the above crime.

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor, in detail. I have scrutinized the relevant documents.

3. The petitioner herein, is a third party, who alleged to have maintained some illicit relationship with the husband of the de facto complainant. Acting on the statement given by the de facto complainant, crime was registered, alleging commission of offence punishable under Section 498A r/w Section 34 of the IPC (for short, 'the IPC' hereinafter), against accused Nos.1 and 2. The 1st accused in the above crime is the husband of the de facto complainant and the 2nd accused is the petitioner herein.

4. The learned counsel for the petitioner zealously pointed out that, as far as the petitioner herein is concerned, she is a third party and she would not come under the purview of the term 'relative' of the husband, mentioned under Section 498A of the IPC and therefore, registration of

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