Allegations under Section 498A IPC require specific details to avoid misuse, but corroborative evidence can sustain prosecution.

ORDER

Accused Nos.2 to 5 in C.C.No.2425 of 2014 on the files of the Judicial First Class Magistrate Court, North Paravur, have filed this petition under Section 482 of the Cr.P.C. to quash the proceedings against them in the said case. They face prosecution for the commission of offence under Section 498A and Section 380 IPC read with Section 34 . The defacto complainant in the said case is a 44 year old lady afflicted with Blood Cancer. The petitioners 1, 2 and 4 are the siblings of the husband of the defacto complainant. The 3^rd petitioner is the husband of the 2^nd petitioner. The husband of the defacto complainant, who is the 1^st accused, has not joined in the present petition for terminating the prosecution proceedings in the said case.

2. The prosecution case rests upon the matrimonial cruelty perpetrated upon the defacto complainant by the 1^st accused consequent to his marriage with the defacto complainant on 16.06.2004. It is alleged that from 2007 onwards, the 1^st accused had been torturing her physically and mentally for multiple reasons. It is the further allegation of the defacto complainant that all the accused, including the petitioners herein, had taken away the valuables, certificates and other documents, 50 sovereigns of Gold, FD receipts for about 70 lakhs, title documents etc., which belonged to her. In the additional statement given by the defacto complainant to the Investigating Officer, she stated that the petitioners herein were having active involvement in the above act of theft of her valuable documents, FD receipts, Gold ornaments etc. The 16 year old daughter of the defacto complainant has also given a statement to the Investigating Officer to the effect that the petitioners herein had subjected the defacto complainant to mental torture, and that they were also involved in the act of whisking away the valuable documents, FD receipts, Gold ornaments etc., belonging to the defacto complainant. After the completion of the investigation, the Sub Inspector of Police, North Paravur Police Station, has laid the Final Report against five accused, among whom the present petitioners were arraigned as accused Nos.2 to 5.

3. In the present petition filed by the petitioners, it is contended that there is no specific averment in the prosecution records regarding the involvement of the petitioners in the aforesaid crime. According to the petitioners, the defacto complainant preferred a false complaint against them to harass them in front of their relatives and the public. It is stated that the First Information Statement tendered by the defacto complainant to the Investigating Officer does not disclose anything to attract the offence under Section 498A or Section 380 IPC . Thus, it is pointed out that even if the accusations levelled against the petitioners are accepted in totality, none of the offence alleged against them would be attracted.

4. Heard the learned counsel for the petitioners, the learned counsel for the 2^nd respondent and the learned Public Prosecutor representing the State of Kerala.

5. Adverting to the First Information Statement given by the defacto complainant to the Investigating Officer, a copy of which is produced as Annexure-I, the learned counsel for the petitioner pointed out that the only accusation levelled against the petitioners in the said statement is that they used to tease the defacto complainant with innuendos ever since they came to know that the defacto complainant was afflicted with that dreadful disease. It is also submitted by the learned counsel for the petitioners that a superficial allegation that the petitioners encouraged the 1^st accused to perpetrat