IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 23RD JUNE 2008 / 2ND ASHADHA 1930 WP(C).No. 14888 of 2008(V) -------------------------- PETITIONER: ------------ 1. SAJEEV KUMAR, S/O.A.K.DAMODARAN AGED 38 YEARS, AASARIPARAMBIL HOUSE, KARIPPALAM ROAD, MATTANCHERRY, KOCHI-2, ERNAKULAM. 2. A.K.DAMODARAN, AGED 85 YEARS, RETIRED DEFENSE PERSONNEL, AASARIPARAMBIL HOUSE, KARIPPALAM ROAD, MATTANCHERRY, KOCHI-2, ERNAKULAM. 3. V.K.MAIDHILI, W/O.A.K.DAMODARAN, AGED 66 YEARS, AASARIPARAMBIL HOUSE, KARIPPALAM ROAD, MATTANCHERRY, KOCHI-2, ERNAKULAM. BY ADV. SRI.SHAJI P.CHALY SRI.S.GOPAKUMAR RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY HOME, SECRETARIAT, THIRUVANANTHAPURAM. 2. CITY POLICE COMMISSIONER, KOCHI CITY. 3. THE CIRCLE INSPECTOR OF POLICE, MATTANCHERRY, KOCHI-2. 4. SUB-INSPECTOR OF POLICE, MATTANCHERRY POLICE STATION, MATTANCHERRY, KOCHI-2. 5. ANILA.M., D/O.MOHAN KUMAR, AGED 27 YEARS, KARIKOD, MULANTHURUTHI. 6. GIRISH, POLICE CONSTABLE, HARBER POLICE STATION, THOPPUMPADY. BY GOVT.PLEADER SHRI BENJAMIN PAUL FOR R1 TO R4 ADV. SRI.C.S.MANILAL FOR R5,6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.14888/08 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF THE PAPER PUBLICATION. EXT.P2: TRUE COPY OF THE MARRIAGE REGISTRATION CERTIFICATE. EXT.P3: TRUE COPY OF THE REPRESENTATION SUBMITTED TO THE 3RD RESPONDENT. TRUE COPY K.BALAKRISHNAN NAIR & M.C.HARI RANI JJ. ----------------------------------------------------- W.P.(C)No.14888 OF 2008 ----------------------------------------------------- DATED THIS THE 23rd DAY OF JUNE, 2008 J U D G M E N T Balakrishnan Nair, J. The 1st petitioner is the husband of the 5th respondent. The petitioners 2 and 3 are the parents of the 1st petitioner. There is some dispute between the first petitioner and 5th respondent in their marital life. The 6th respondent who is a Police Constable interfered in the matter and manhandled the petitioner. It was done in the presence of the 4th respondent after summoning him to the Police Station. The 4th respondent is compelling the petitioner to settle the dispute between him and the 5th respondent as dictated by him. Feeling aggrieved by the said action of the 4th respondent, this writ petition is filed complaining police harassment. 2. The 5th respondent has filed a counter affidavit, denying the allegations against her. She submits, she has been brutally manhandled and a crime has been registered against the petitioners under Section 498A IPC. To prevent the investigation W.P.(C)No.14888/08 -2- of that crime, this writ petition has been filed making false allegations. The petitioners have filed a reply affidavit denying the averments of the 5th respondent in her counter affidavit. The learned Government Pleader upon instructions submitted that a crime has been registered against the petitioners under Section 498A IPC. The police propose to investigate into the same only in accordance with law. The allegations of harassment are denied by the police. 3. We record the submission of the learned Government Pleader that the police do not propose to harass the petitioners and they will investigate the crime registered against the petitioners only in accordance with law. The writ petition is disposed of as above. K.BALAKRISHNAN NAIR,JUDGE. M.C.HARI RANI, JUDGE. dsn