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2024 Supreme(Online)(KER) 8973

HIGH COURT OF KERALA
A. BADHARUDEEN, J
DR.ASWIN V NAIR – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
T.MADHU, C.R.SARADAMANI, RENJISH S. MENON, VRINDA T.S., AISWARYA JAYAPAL

ORDER

Dated this the 8th day of July, 2024 This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973 , to quash all further proceedings pursuant to Annexure-A2 Final Report in Crime No.939/2023 of Quilandy Police Station, Kozhikode, now pending as C.C.

No.1471/2023 on the files of the Judicial First Class Magistrate Court, Quilandy. The petitioner herein is the sole accused in the above case.

2.Heard the learned counsel for the petitioner as well as the learned Public Prosecutor, in detail. Perused the relevant materials available.

3.In this matter, the prosecution allegation is that, while the defacto complainant was maintaining a live-in relationship with the accused, during the period from 13.03.2023 to 20.08.2023, at the house of the accused, the accused mentally and physically harassed the defacto complainant. On this premise, the prosecution alleges commission of offence punishable under Section 498(A) of IPC .

4.While canvasing quashment of the proceedings, the learned counsel for the petitioner argued that the relationship between the accused and the defacto complainant was a live-in relationship and there is no legal marriage i




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