HIGH COURT OF KERALA
Kauser Edappagath, J
DR. SHEELA MUSTAPHA – Appellant
Versus
FATHIMA, – Respondent
O R D E R
Dated this the 16th day of November, 2022 This Crl.M.C has been filed to quash all further proceedings in C.C.No.612/2017 on the file of Judicial First Class Magistrate Court – V, Thiruvananthapuram (in short 'the Court below').
2. The petitioner is the 2nd accused. The respondent No.1 is the defacto complainant. The offences alleged against the petitioner are punishable under Section 498 A and 34 of Indian Penal Code as well as Section 3 of the Dowry Prohibition Act . The 1st accused is the husband of the 1st respondent. The petitioner is the sister of the husband of the 1st respondent. The prosecution case in short is that, 1st respondent was subjected to cruelty both physically and mentally by the petitioner and the 1st accused. It is further alleged that at the time of marriage, the 1st accused in the presence of the petitioner collected dowry from the father of the 1st respondent.
3. I have heard Sri. George Mathews, the learned counsel for the petitioner and Sri. Sangeetha Raj, the learned Public Prosecutor. Even though notice has been served to the
1st respondent, there is no appearance.
4. I went through the FIS as well as the statement of the witnesses recorded dur
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