SAHEER Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, the accused in Crime No.461/2022 of Alappuza South Police Station, seeks to quash Annexure-1 FIR registered against him alleging offence punishable under Sec. 3 read with Sec. 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019 [for short 'the Act] and Annexure-4 Final Report in C.C No.46/2023 on the file of the Judicial First Class Magistrate Court-I, Alappuzha.

(2.) In Crl.M.C No.5848/2022, the petitioner sought to quash the FIR registered against him. When the Investigating Officer submitted the final report, the petitioner filed Crl.M.C No.3632/2023, seeking to quash the final report and all further proceedings in C.C No.46/2023 on the file of the Judicial First Class Magistrate Court-I, Alappuzha.

(3.) The petitioner is the former husband of respondent No.3. Their marriage was solemnised as per Muslim religious rites and customs on 22/2/2015. Their marital relationship strained. The petitioner pronounced the 'first talaq' on 11/2/2022. On 16/4/2022 he pronounced the 'third talaq'. Respondent No.3 filed a complaint before the Alappuzha South Police Station on 4/6/2022 alleging that the talaq pronounced by the petitioner was instantaneous and irrevocable and hence punishable under Sec. 4 of the Act.