Harish V.K. vs The Sub Inspector of Police and Others

R. Basant, J.—The Petitioner has come to this Court complaining about harassment by the Police at the instance of fifth Respondent, his wife. According to the Petitioner there are certain disputes between him and his wife. Succumbing to the influence of his wife and relatives of the wife, the police are unnecessarily resorting to harassment against the Petitioner. Directions under Article 226 may be issued to abate such harassment, prays the learned Counsel for the Petitioner.

Fifth Respondent has entered appearance. According to the fifth Respondent there were certain disputes between the Petitioner and the fifth Respondent. A complaint was filed before the police. A crime u/s 498A IPC was registered at the Kalamassery Police Station as Crime 672/2010. There was subsequent resumption of cohabitation on the basis of an attempted settlement. But according to the fifth Respondent even subsequently the Petitioner continued with his violent conduct. This obliged the fifth Respondent to file another complaint on the basis of which a fresh crime 1995/2010 of Kalamassery Police Station has been registered afresh. The fifth Respondent is not interested in harassing the Petitioner in any manner. She has only lodged a criminal complaint giving expression of her grievances.

The learned Govt. Pleader after taking instruction from Respondents 1 to 3 submits that the police is not interested in harassing the Petitioner in any manner. Two crimes have been registered. In the first crime no steps are to be taken. In the latter crime as investigation is in progress necessary steps have to be taken. Though the police have been wanting to contact the Petitioner it is totally incorrect to say that there has been any vexation or harassment emanating from Respondents 1 to 3 against the Petitioner. Petitioner can surrender before the Magistrate or Police and then seek regular bail. In the alternative he can seek anticipatory bail. The learned Govt. Pleader on behalf of Respondents 1 to 3 submits that the police shall take only steps in accordance with law, which are necessary for a proper investigation of the crime.

We have taken note of all the relevant inputs. The mere fact that the second crime has been registered raising allegations again u/s 498A IPC cannot be said to amount to harassment. We are in these circumstances satisfied that no directions under Article 226 of the Constitution can, need or deserve to be issued. It is for the Petitioner to take necessary steps in accordance with law in the crime that has already been registered against him. It is submitted before us that proceedings are pending before the learned Magistrate under the Protection of Women from Domestic Violence Act. The learned Magistrate has referred the parties to the Lok Adalath for attempting a harmonious settlement. The learned Govt. Pleader on behalf of the police submits that the police shall also co-operate if it is possible to settle the matter harmoniously between the spouses.

Recording the above submissions this petition is dismissed holding that no further directions under Article 226 of the Constitution is necessary.