Sabir N.S vs State Of Kerala

Dr. Kauser Edappagath, J

This Crl.M.C has been filed under Section 482 of the Code of Criminal Procedure, 1973 (for short, Cr.P.C.) to quash Annexure 20 Charge Sheet and all further proceedings in CC No. 201/2020 on the file of the Judicial First Class Magistrate Court – 1, Aluva.

The petitioners have been arrayed as the accused Nos. 1 to 3 in Crime No.403/2020 of Edathala Police Station. The 2nd respondent is the de facto complainant. The 1st petitioner is the husband of the 2nd respondent whereas the 2nd and 3rd petitioners are the father-in-law and mother-in-law of the 2nd respondent respectively.

The offences charged against the 1st and 3rd petitioners are punishable under Sections 498A, 341, 324, 506(i) and 34 of IPC and the 2nd petitioner is punishable under Sections 498A, 354A, 341, 324, 506 and 34 of IPC.

I have heard the 2nd petitioner, who appeared as party in person representing all the petitioners, Smt. T.V Neema, the learned Public Prosecutor for the 1st respondent and Sri. Ismailkhan, the learned counsel for the 2nd respondent.

The 2nd petitioner who appeared in person for the petitioners submitted that the criminal proceeding has been initiated against the petitioners falsely and maliciously with ulterior motive and not based on real facts. He further submitted that the allegations made in the FIS as well as the statement given under Section 164 of Cr.P.C even if taken at their face value, do not prima facie constitute any offence or make out any case against the petitioners and both the statements are contradictory to each other. He also submitted that the 2nd respondent is mentally abnormal and physically unfit to do the duties and responsibilities of a wife, which was concealed from them at the time of the marriage.

On the other hand, the learned Public Prosecutor as well as the learned counsel for the 2nd respondent submitted that, there are clear allegations to constitute the offences alleged against the petitioners in the FIS, the statement under Section 164 of Cr.P.C and the final report. When prima facie case is made out, the jurisdiction vested with this court under Section 482 of Cr.P.C cannot be invoked.

I have gone through the records. The 2nd respondent is a B.Tech graduate working as an Engineer in a Company at Kakkanad for the last four years. The marriage between the 2nd respondent and the 1st petitioner was solemnized on 09/06/2019.

There are allegations in the statement of the 2nd respondent that her father gave an amount of `3,00,000/- and gold weighing 26 sovereigns as dowry to the 2nd petitioner and during the period between 09/06/2019 and 15/03/2020, ie, within a year of marriage, the petitioners subjected the 2nd respondent to both mental and physical cruelty demanding more dowry. On 18/01/2020, the 2nd petitioner forcefully cut her hair using scissors in the presence of 1st and 3rd petitioners which caused minor injury to her head. On 25/01/2020, when there was no one in the house, and also on other occasions, the 2nd petitioner demanded sexual favours and touched the breast and body parts of the 2nd respondent with sexual intent. Moreover, petitioners brought the 2nd respondent to a psychiatrist and obtained a prescription by saying that she is having mental illness and used to blackmail her using that medical prescription and on 15/03/2020, the 1st and 2nd petitioners took her to her home and left her there. These allegations are sufficient to attract the offences charged against the petitioners. It is settled that, if the factual foundation for the offence has been laid or a prima facie case is made out disclosing ingredients of the offence alleged, the power under Section 482 of Cr.P.C to quash the proceedings cannot be invoked.

Accordingly, the Crl.M.C is dismissed.