IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 109 of 2011()
1. JUSTIN, S/O.MATHEW, VALIYAPAIKKATTU
... Petitioner
2. MATHEW JOSEPH, S/O.JOSEPH,
3. GRACY MATHEW, W/O.MATHEW,
4. JAYA MATHEW, D/O.MATHEW,
Vs
1. MAREENA, D/O.GEORGE KUTTY, PAIKADA HOUSE
... Respondent
2. THE SUB INSPECTOR OF POLICE,
3. THE STATE OF KERALA, REPRESENTED BY THE
For Petitioner :SRI.K.G.ANIL BABU
For Respondent : No Appearance
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :24/01/2011
O R D E R
THOMAS P. JOSEPH, J.
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Crl.M.C. No.109 of 2011
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Dated this the 24th day of January, 2011.
ORDER
Petitioners are accused Nos.1 to 4 in Crime No.1120 of 2010 of Pala
Police Station for offences punishable under Sections 406 and 498A read with
Section 34 of the Indian Penal Code. Case is that petitioners subjected
respondent No.1, the defacto complainant to cruelty demanding more ornaments
and committed breach of trust. Case was registered on a complaint preferred by
respondent No.1 and forwarded to the Police for investigation under Section 156
(3) of the Code of Criminal Procedure. According to the petitioners, petitioner
No.1 had filed Annexure-AI, O.P.(Div.) No.978 of 2010 for divorce in the Family
Court, Ettumanoor and on getting notice of that petition respondent No.1 filed
complaint alleging commission of offences as above stated. According to the
learned counsel no offence is made out.
2. However, after arguing the matter for some time, learned counsel
requested permission to withdraw this proceeding without prejudice to the right
of petitioners to take up appropriate defence in the trial court at the appropriate
stage.
Crl.M.C.No.109/2011
2
Having heard learned counsel and the Public Prosecutor I am inclined to
allow the request. Accordingly this petition is dismissed as withdrawn without
prejudice to other rights if any of petitioner raise appropriate defence in the trial
court at the appropriate stage.
THOMAS P.JOSEPH,
Judge.
cks