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2024 Supreme(Online)(KER) 33533

HIGH COURT OF KERALA
DR. MOHANAN.B.P – Appellant
Versus
STATE OF KERALA – Respondent


O R D E R

This Criminal Miscellaneous Case is filed to quash the proceedings in CC No.1284/2016 pending before the Judicial First Class Magistrate Court-I, Hosdurg, arising from Crime No.303/2016 of Hosdurg Police Station. The above case is charge sheeted alleging offences punishable under Sections 294(b), 323, 341, 354, 506(i) r/w 34 of IPC.

2. The petitioners are accused Nos.1 and 2 in the above case. The said case was instituted based on a first information statement given by the 2nd respondent on 26.03.2016 before the Hosdurg Police.

Based on the same, Annexure-I FIR was registered. After investigation is over, final report was filed as evident by Annexure-II, alleging offences punishable under Sections 341, 323, 294(b), 506(i) r/w 34 of IPC. According to the petitioners, the allegation against the petitioners are false and manipulated.

3. It is submitted that a further investigation was conducted in this case and a supplementary final report under Section 173 (8) Cr.P.C. was filed by the Police and it is stated that, it is a refer report. Annexure-III is the refer report. In Annexure-III refer report, it is stated that the 2nd respondent and her husband were engaged in verbal spa

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