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2009 Supreme(SC) 1162

MUKUNDAKAM SHARMA, B.S.CHAUHAN
Shakson Belthissor – Appellant
Versus
State of Kerala – Respondent


Advocates appeared:
For the Appellant :M.K. Michael, Advocate.
For the Respondents:Dushyant Parashar, C.N. Sreekumar, G. Prakash, Ramesh Babu M.R., Advocates.

JUDGMENT

Dr. Mukundakam Sharma, J.—

1. This appeal is directed against the judgment and order dated 28.10.2002 passed by the Kerala High Court rejecting the petition filed by the appellant herein praying for quashing of the first information report (for short ‘the FIR’) and the charge sheet filed against him.

2. The Respondent No. 2 (Valsa) got married with the appellant on 23.10.1997. Even otherwise they are related to each other, the Respondent No. 2 being the daughter of the appellant’s maternal uncle and paternal aunt. Incidentally, the aforesaid marriage was the second marriage of Respondent No. 2 as she was earlier married to one Mr. Varghese, who died in the year 1995. Through the said marriage the Respondent No. 2 has two sons. However, it was the first marriage of the appellant. Out of the wedlock between the appellant and Respondent No. 2, there is no issue.

3. The appellant was working at the relevant time at Saudi Arabia. The appellant got married to Respondent No. 2 when he came on leave for four months. However, after the marriage there appears to be some dispute between the parties. On 21.04.2002, Respondent No. 2 filed an FIR in the Kottayam Police Station, District












































































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