High CourtsSingle Bench

Aneesh.K.Ashok vs State Of Kerala

High Court Of Kerala · Decided on 13 January 2023 · Citation: (2023) 01 KL CK 0116

HON’BLE JUDGES
Dr Kauser Edappagath, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 320, 482 · Indian Penal Code 1860 — Section 34, 406, 498A
RESULT
Dismissed
CASE NUMBER
Criminal Miscellaneous Petition No. 337 Of 2023
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Judgment

6 paragraphs · 192 words

Dr. Kauser Edappagath, J

1.

This Crl.M.C has been filed to quash all further proceedings in C.C.No.62/2019 on the file of the Judicial First Class Magistrate Court, Irinjalakuda.

2.

The petitioners are the accused Nos. 1 and 2.  The 2nd respondent is the defacto complainant. The 1st petitioner is the husband of the 2nd respondent. The 2nd petitioner is the mother of the 1st petitioner. The offences alleged are punishable under Sections 498A, 406 read with 34 of IPC.

3.

The  prosecution  case  in  short  is  that,  the  2nd respondent was subjected to cruelty both mentally and physically by the petitioners, demanding more dowry. It is further alleged that the petitioners have misappropriated the gold ornaments belonging to the 2nd respondent.

4.

I have heard Sri. P.M. Rafiq, the learned counsel for the petitioners and Smt. T.V. Neema, the learned Senior Public Prosecutor.

I went through the FIS and the Final report. There are clear allegations to attract the offence under Sections 498A and 406 of IPC. When prima facie case is made out, the jurisdiction vested with this Court under Section 482 of Cr.P.C cannot be invoked. The Crl.M.C is dismissed.