SAJID MUHAMMEDKUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) This criminal miscellaneous case has been filed under Sec. 482 of the Code of Criminal Procedure, by the sole accused in C.C.No.32/2023 on the files of Judicial Magistrate of First Class, Kodungallur, arising out of Crime No.838 of 2022 of Mathilakom Police Station, Thrissur, and the prayers are as under :

(2.) Heard the learned counsel for the petitioner, the learned counsel for the defacto complainant and the learned Public Prosecutor at length. Perused the relevant documents and the decisions cited by them.

(3.) Here the prosecution alleges commission of offence punishable under Ss. 3 r/w 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019 ('Act, 2019' for short hereafter), by the accused. The allegation is that the petitioner/accused herein pronounced instantaneous and irrevocable talaq upon his wife/the defacto complainant and thereby committed the above offence.