1. The petitioners herein are the accused Nos. 4 and 5 in C.C No. 200 of 2014 of the Judicial First Class Magistrate Court-II, Aluva. They seek orders quashing the prosecution under Section 482 Cr.P.C on the ground that the complaint or the final report does not contain any definite allegation against them for a prosecution under Section 498A IPC. The second respondent herein is the defacto complainant. She has filed a statement of objection opposing the request to quash the prosecution. According to her, there are definite materials to implicate the petitioners under Section 498A IPC.
2. On hearing both sides, and on a perusal of the materials, I find that the petitioners will have to approach the trial court with necessary application for discharge. I find no reason or necessity to quash the prosecution under Section 482 Cr.P.C If the case of the petitioners' is that the complaint or the final report does not contain any definite material or allegation constituting cruelty as defined under the law for a prosecution under Section 498A IPC, they can project their grievance before the learned Magistrate, and seek discharge. When such an application is filed, the learned Magistrate will examine the case records, and see whether sufficient materials are there to proceed against these petitioners under Section 498A IPC, or whether such materials are sufficient to constitute harrassment by way of a continuous course of cruel conduct, as defined under Section 498A IPC. Giving such liberty to the petitioners to make an application for discharge, this Crl.M.C can be disposed of.
3. In the result, this Crl.M.C is disposed of, giving liberty to the petitioners to approach the trial court itself for discharge. Their request for exemption from personal appearance also can be appropriately considered by the learned Magistrate in the above circumstance.