SELU Vs. STATE OF KERALA

JUDGEMENT

(1.) This is a petition filed under Sec. 482 of the Cr.P.C. by the 2nd accused in C.C. No. 374 of 2020 of the Judicial First Class Magistrate's Court, Kothamangalam, which arose out of the final report in Crime No. 316 of 2012 of Oonnukal police station. That crime was registered basing on Annexure-A1 complaint preferred by the 3rd respondent before the Court, which was forwarded to the police for registering a crime and investigation. Thus the crime was registered alleging offence punishable under Ss. 120B, 465, 467, 471 read with Sec. 34 of the IPC. On conclusion of investigation, charge sheet was laid against the petitioner and her husband alleging the above stated crime. Now contending that there is absolutely no basis in the allegations against the petitioner she has moved this Court for quashing the proceedings.

(2.) I heard the learned counsel for the petitioner and also the learned counsel for the 3rd respondent.

(3.) Relying on the decision reported in Sumathy S Menon v. Rajendran T. K. and others {2010 (2) KHC 531} the learned counsel for the petitioner submitted that the facts are similar and that such an allegation will not sustain against the petitioner, who is the 2nd accused. According to learned counsel, the petitioner is not responsible for the acts of her husband, neither mens rea nor actus reus can be attributed against her. The complainant, the 3rd respondent has no allegation that at the time of signing and handing over the cheque the petitioner was present. Therefore, the allegations will not sustain against her and she is entitled to be discharged from the allegations.