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2024 Supreme(Online)(KER) 39277

HIGH COURT OF KERALA
A. BADHARUDEEN, J
SONY JOHN MATHEW – Appellant
Versus
MINI K M – Respondent


Advocates:
SRI.S.JAYAKRISHNAN, SRI.ANIL KUMAR PV, SMT.D.SARITHA

ORDER

Dated this the 29th day of October, 2024

This Criminal Miscellaneous has been filed under Section 482 of the Code of Criminal Procedure, 1973 to quash Annexure-I FIS, Annexure-II FIR, Annexure-III Final Report and all further proceedings in C.C.No.3892/2018 on the files of the Judicial First Class Magistrate Court-I, Changanacherry, Kottayam arose out of Crime No.237 of 2018 of Vakathanam Police Station, Kottayam. The petitioner herein is accused No.4 in the above case.

2. Heard the learned counsel for the petitioner/4th accused and the learned Public Prosecutor in detail. Perused the records including the statement of the de facto complainant.

3. In this matter the prosecution alleges commission of offences punishable under Section 498-A read with Section 34 of the Indian Penal Code, 1860 (for short 'the IPC ') by accused Nos. 1 to 3.

4. The petitioner herein is the brother of the 1st accused who permanently settled in Australia.

5. The prosecution case is that the 1st accused married the de facto complainant on 09.01.2016 and they started to reside at the matrimonial home as husband and wife. According to the prosecution, during her stay at matrimonial home, she was subjected

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