~ ~ ~ ~ ~ ~ Petitioners are accused Nos.2 to 5 in C.C.No.320/2013 of the Judicial First Class Magistrate's Court-I, Thrissur pending trial for the offence under Section 498A read with Section 34 IPC. 2. The case has arisen from Crime No.1047/2012 of Viyyoor Police Station registered for the offences punishable under Sections 498A and 406 read with Section 34 IPC. It seems that after investigation, the investigating officer has deleted the offence under Section 406 IPC. The petitioners have come up under Section 482 Cr.P.C. seeking to get Annexure-A2 final report and all further proceedings in C.C.320/2013 pending before the Judicial First Class Crl.M.C.2503/2014 : 2 :
Magistrate's Court-I, Thrissur, quashed.
3. Heard learned counsel for the petitioners and the learned counsel for the de facto complainant, who is the 2nd respondent herein, and the learned Public Prosecutor.
4. The one and only ground taken up by the learned counsel for the petitioners is that there are no allegations, which validly constitute an offence under Section 498A IPC, as against the present petitioners. On a perusal of the final report as well as the records, it has come out that there are specific allegations against these petitioners for bringing out an offence under Section 498A IPC. Whether those allegations are correct or not is a question that has to be considered in the trial of the case. Further, the learned counsel for the petitioners has pointed out that the 1st petitioner herein is aged 80 and is very old. The same cannot be a ground to get the final report or the proceedings in the criminal case quashed. At present, I do not find any materials for quashing the crime, the final report or the Crl.M.C.2503/2014 : 3 :
proceedings in the criminal case. Matters being so, this Crl.M.C. is only to be dismissed, and I do so.
In the result, this Crl.M.C is dismissed.
Sd/-
(B.KEMAL PASHA, JUDGE) aks/25/11 // True Copy // PA to Judge