SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Kala vs State Of Kerala on 5 April, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

FRIDAY, THE 05TH DAY OF APRIL 2019 / 15TH CHAITHRA, 1941

Crl.MC.No. 2029 of 2019

AGAINST THE ORDER/JUDGMENT IN CC 1053/2017 of JUDICIAL FIRST
CLASS MAGISTRATE COURT, MATTANCHERY

CRIME NO. 1054/2016 OF Mattancherry Police Station , Ernakulam

PETITIONER/S:
KALA,AGED 28 YEARS
W/O. RAVI, C/O. CC 13/440A, CHULLICKAL,
MATTANCHERY, KOCHI-5

BY ADV. SRI.V.S.MANSOOR

RESPONDENT/S:
1 STATE OF KERALA,REPRESENTED BY THE PUBLIC
PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM
682 031.

2 RAJITHA,
H.NO. 131427, CHULLICKAL, KOCHI 5, ERNAKULAM (DIST)

BY ADVS.
SRI.ABDUL JALEEL.A

OTHER PRESENT:
SMT.PRIYA SHANAVAS, PUBLIC PROSECUTOR FOR R1,
SMT,M.A.SULFIA FOR R2

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
05.04.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.

Crl.M.C.No. 2029 of 2019

Dated this the 5th day of April, 2019
ORDER

The above Criminal Miscellaneous Case has been filed under

the enabling provisions contained in Sec.482 of the Cr.P.C. with the

following prayer:

“……. to quash Annexure B Final report and all further proceedings
pursuant to that against the petitioner, which is now pending as C.C.No.
1053 of 2017 on the files of the Judicial First Class Magistrate’s Court,
Mattanchery.”

2. Heard Sri.V.S.Mansoor, learned counsel appearing for the

petitioner, Smt. Priya Shanavas, learned Prosecutor appearing for R-1

State of Kerala and Smt.M.A.Sulfia, learned counsel appearing for

R-2 defacto complainant.

3. The petitioner herein has been arrayed as accused No.2 in

the impugned Calendar Case, C.C.No.1053/2017 on the file of the

Judicial First Class Magistrate’s Court, Mattanchery, which has arisen

out of Anx.B final report/charge sheet filed in Anx.A Crime No.

1054/2016 of Mattanchery Police Station. The petitioner hails from

Andhra Pradesh and she (A-2) along with one Sajeeb (accused No.1)

have been arrayed as accused in the abovesaid criminal proceedings

which has been registered for offence under Sec.498A I.P.C. and
Crl.M.C.2029/19 – : 3 :-

Sec.4 of Dowry Prohibition Act. It is pointed out by the petitioner that

the only allegation raised against the petitioner in the impugned

criminal proceedings, which has been triggered on the basis of the

first information statement of the 2nd respondent defacto complainant

(who is the wife of A-1), is that A-1 (husband of R-2) is having extra

marital relationship with the petitioner (A-2) and there is no whisper

in Anx. A and Anx. B that the petitioner is had demanded any dowry

from the 2nd respondent or that she has committed any cruelty against

the petitioner, etc. The Police after investigation in Anx.A Crime No.

1054/2016 of Mattanchery Police Station has now submitted Anx.B

final report/charge sheet which has led to the institution of Calendar

Case, C.C.No.5053/2017 on the file of the Judicial First Class

Magistrate’s Court, Mattanchery.

4. There does not appear to be any serious dispute for the

2nd respondent that the only allegation raised against the petitioner is

that A-1 (husband of R-2) is having extra marital relationship with the

petitioner and that there are no further allegations therein that the

petitioner A-2 had demanded any dowry from the 2 nd respondent or

that she committed any cruelty against the 2nd respondent, etc.

5. It has been held by the Apex Court in decisions as in
Crl.M.C.2029/19 – : 4 :-

Pinakin Mahipatray Rawal v. State of Gujarat [(2013) 10

SCC 48] that mere fact that the husband developed some intimacy

with another women during subsistence of the marriage and failed to

discharge his marital obligations would not amount to cruelty as

understood in Sec. 498 of the I.P.C. Further it has also been held by

the Apex Court in Ghusabhai Rias Angbhai Chorasiya v.

State of Gujarat [(2015) 11 SCC 753], that extra marital

relationship of the accused husband would not amount to cruelty as

understood in Sec.498 A of the I.P.C. Going by the stand of the

parties, it is seen that, apart from the allegation of extra marital

relationship, no other serious allegations have been raised against the

petitioner (A-2), who hails from Andhra Pradesh.

6. In the light of these aspects, further continuance of the

impugned criminal proceedings would be abuse of the process of the

court and the petitioner need not be unnecessarily forced to face the

ordeal of the trial and this Court could exercise its extra ordinary

discretionary inherent powers conferred on this Court under Sec. 482

of the Code of Criminal Procedure. Accordingly, it is ordered that the

impugned Anx.B final report/charge filed in Anx.A Crime No.

1054/2016 of the Mattanchery Police Station, which has now led to
Crl.M.C.2029/19 – : 5 :-

the institution of Calendar Case, C.C.No. 1053/2017 on the file of the

Judicial First Class Magistrate’s Court, Mattanchery, to the limited

extent it affects the petitioner herein (A-2) will stand quashed. It is

made clear that findings and orders in this judgment will not in any

manner affect the impugned criminal proceedings as far as the other

accused are concerned.

The petitioner may produce certified copies of this order before

the investigating officer concerned and before the court below

concerned for necessary information.

With these observations and directions, the above Criminal

Miscellaneous Case stands finally disposed of.

Sd/-

sdk+ ALEXANDER THOMAS, JUDGE
Crl.M.C.2029/19 – : 6 :-

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A CERTIFIED COPY OF FIR AND FIS IN CRIME NO.
1054/2016 OF MATTANCHERY POLICE STATION

ANNEXURE B A CERTIFIED COPY OF FINAL REPORT IN C.C
1053/2017 ON THE FILES OF JFCM, MATTANCHERY

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2020 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation