The case projected in this petition filed under Sec.482 of the

Cr.P.C is as follows:

The petitioner herein is the 3^rd accused in C.C.No.1008/2018

on the file of the Additional Chief Judicial Magistrate Court,

Thalassery in Crime No.306/2018 of Edakkad Police Station,

registered for offence punishable under Sec.498A r/w Sec.34 of the

I.P.C against the petitioner and others, viz., her husband , father-

in-law and unmarried sister-in-law respectively as accused Nos.1 to

3. The substance of the allegations against the petitioners is that

the 1^st accused married the defacto complainant on 11.4.2013, that

thereafter during the married life, the accused persons harassed

the defacto complainant mentally as well as physically, demanding

more dowry. Thus all the accused committed the abovesaid

offences. The petitioner would allege that in fact, the above case

has been filed with some ulterior motive of grabbing money from

the petitioner. There is no ingredient to attract the abovesaid

::3::

offences as alleged by the prosecution against any of the accused,

especially against the petitioner. Even if the prosecution case is

assumed to be true, there is no specific allegation against the

petitioner. According to the defacto complainant herself, after one

month of the marriage itself, both the husband and wife went to

Gulf. From Gulf, both husband and wife have lived together at the

flat of the defacto complainant. The one and only allegation raised

against the petitioner is that she had made attempt to separate 1^st

accused- husband and the defacto complainant-wife by saying lies

to the husband about the wife. Those types of vague allegations are

not at all sufficient to attract the alleged offence of Sec.498A

against her. The only intention of the defacto complainant is that

to spoil the future and marriage prospects of the unmarried

petitioner by implicating her in a false criminal case. There is no

specific incident of cruelty alleged against the petitioner in Anx-I & II

so as to attract the offence of Sec.498A r/w Sec.34 of the I.P.C. There

is not even a remote probability of the case ending in conviction of

the petitioner and the whole proceedings are vitiated by malafides

and the case against the petitioner is a glaring instance of the abuse

of the process of court. In very many case, the Apex Court held

::4::

that without specific material or evidence it will be hazardous to

ask the accused to face trial. It is in the light of these averments,

that the petitioner has filed the instant petition under Sec.482 of

the Cr.P.C with the following prayers:

“ (i)

to quash Annexure-II final report and all the further

proceeding

pending

against

the

petitioner

in

C.C.No.1008/2018 of the Addl. Chief Judicial Magistrate

Court, Thalassery in Crime No.306/2018 of the Edakkad Police

Station, Kannur, and

(ii)

to issue any other order or direction that Hon'ble Court may

deem fit and proper from time to time for the petitioner to

attain the ends of justice.”

2.

Heard Smt.K.Deepa (Payyannur), learned counsel for

the petitioner, Sri.Amjad Ali, learned Prosecutor for the

1^st respondent and Sri.M.V.Amaresan, learned counsel for the

2^nd respondent-lady defacto complainant.

3.

From the factual materials it is seen that the impugned

criminal proceedings as per Anx-II Final Report/charge sheet was

filed in Crime No.306/2018 of Edakkad Police Station, which has

now led to the institution of C.C.No.1008/2018 on the file of the

Additional Chief Judicial Magistrate Court, Thalassery. That after

the marriage of the 2^nd respondent with the brother of the

petitioner-accused No.3, the 2^nd

respondent-lady defacto

complainant has been subjected to cruelty and harassment by her

husband (accused No.1), husband's father (accused No.2),

::5::

husband's unmarried sister (accused No.3), etc. It is common

ground that the petitioner (A-3) is the unmarried sister of A-1. The

allegations raised against the petitioner (A-3) in Anx-I c