IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 WP(C).No. 4552 of 2008(P) ----------------------------------- PETITIONERS: -------------------- 1. KUMARAN, AGED 67 YEARS, S/O.KUNJUPILLA, KALLINGAL HOUSE, VALLARAM KALLU THAZHAVAM KUNNU P.O., KALLOORKADU, MUVATTUPUZHA, ERNAKULAM DISTRICT. 2. THANKAMMA, AGED 65 YEARS, W/O.KUMARAN, KALLINGAL HOUSE, VALLARAM KALLU THAZHAVAM KUNNU P.O., KALLOORKADU, MUVATTUPUZHA, ERNAKULAM DISTRICT. 3. SHINE.K.K., S/O.KUMARAN, AGED 24 YEARS, KALLINGAL HOUSE, KALOOR, VELLARAM KALLU THAZHAVUM KUNNU P.O., KALLOOR KADU, MUVATTUPUZHA, ERNAKULAM DISTRICT. BY ADV. SRI.PAUL K.VARGHESE RESPONDENTS: ---------------------- 1. STATE OF KERALA, REP. BY SECRETARY (LAW AND ORDER), GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. CIRCLE INSPECTOR OF POLICE, KALLOOR KADU POLICE STATION, KALLOOR KADU, NEAR MUVATTUPUZHA. 3. SUB INSPECTOR OF POLICE, KALLOOR KADU POLICE STATION, KALLOOR KADU, NEAR MUVATTUPUZHA. 4. DIVYA, D/O.JAYAN, AGED 23 YEARS, VETTIKATTIL (H), NADUKANI P.O., KOTHAMANGALAM, KERAMPARA VILLAGE. BY GOVERNMENT PLEADER SRI. P.A. SALIM SRI.JOBY JACOB PULICKEKUDY SRI.ANIL GEORGE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/02/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO: 4552/2008 P APPENDIX PETITIONER'S EXHIBITS EXT.P1. COPY OF THE OP NO.63/08 FILED BY THE P3 ON 11/1/08 BEFORE THE FAMILY COURT, ERNAKULAM. EXT.P2. COPY OF THE AN APPLICATION FOR ANTICIPATORY BAIL AS CRL. MC. NO. 133/08 FILED BY THE PETITIONER ON 28/1/08 BEFORE THE SESSIONS COURT, ERNAKULAM. RESPONDENT'S EXHIBITS NIL. True copy tga K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Writ Petition (Civil) No. 4552 of 2008 (P) ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 15th day of February, 2008 J U D G M E N T BALAKRISHNAN NAIR, J. The petitioners 1 and 2 are husband and wife, the third petitioner is their son and the fourth respondent is his wife. The petitioners have approached this Court alleging that respondents 2 and 3 are harassing them at the instance of the fourth respondent and her relatives. The marital dispute between the third petitioner and the fourth respondent is pending before the family court, it is submitted. The third petitioner has moved for divorce on the ground that the fourth respondent was pregnant at the time of her marriage with him. 2. The learned Government Pleader upon instructions submitted that the fourth respondent has filed a complaint against the petitioners which disclosed the offence under Section 498A of the Indian Penal Code. Before registering the crime, attempt was made to settle the dispute between the parties as desired by the fourth respondent. Since no settlement could be arrived at, now a crime has been registered against the petitioners under the above W.P.(C).No.4552 of 2008 (P) -: 2 :- said section of the I.P.C. The first petitioner is also an accused in that case, it is submitted. The learned Government Pleader further submitted that they have no intention to harass the petitioners. They only inquired into the petition filed by the fourth respondent. Now that a crime has been registered, further investigation will be done strictly in accordance with the Code of Criminal Procedure. This submission is recorded and writ petition is disposed of. (K.BALAKRISHNAN NAIR, JUDGE) (P.N.RAVINDRAN, JUDGE) ms