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Judgment
8 paragraphs · 276 wordsDr. Kauser Edappagath, J
This Crl.M.C has been filed to quash the FIR in Crime No.454/2021 of Harippad Police Station. The petitioners are the accused Nos. 1 to 3.
The offences alleged against them are under Section 498A, 341 and 354 read with Section 34 of IPC.
The prosecution case in short is that the defacto complainant was subjected to cruelty, both physically and mentally, by the petitioners demanding more dowry and on the date of reception, the accused Nos. 1 and 3 untied the hook of her nighty for the purpose of exhibiting her post operated breast to the relatives of the accused and thereby committed the offences.
I have heard Sri. R. Reji, the learned counsel for the petitioners and Sri. M.P. Prasanth, the learned Public Prosecutor.
The learned counsel for the petitioner submitted that even if the allegations in the first information statement (FIS) are believed in its entirety, the offences under Sections 498A and 354 of IPC are not attracted. The learned counsel relied on Annexure A4 letter by the father of the victim to the police, in which it is stated that the victim does not want to continue the marital relationship and that she has taken back all the gold ornaments.
I went through the FIS. There are clear allegations to attract the ingredients of the offences alleged against the petitioners. The genuineness and truthfulness of the contentions in Annexure A4 are matter of evidence. Since prima facie case is made out, I am not inclined to invoke the jurisdiction under Section 482 of Cr.P.C to quash the proceedings.
Accordingly, the Crl.M.C is dismissed.