SUNIL Vs. FATHIMATH SUHARA

JUDGEMENT

(1.) The petitioner seeks to quash FIR - Annexure A2 registered against him under S.376 and 493 IPC.

(2.) The proceedings were initiated against the petitioner on the basis of a private complaint filed by the de facto complainant/first respondent, before the Judicial First Class Magistrate, Perinthalmanna alleging commission of offences under S.376 and 493 IPC. The complaint was forwarded under S.156(3) CrPC to the police and Crime No. 250/2002 was registered at the Perinthalmanna Police Station. Subsequently the above case was transferred to the Chavakkad Police Station and the crime was reregistered as Crime No. 124 of 2002.

(3.) As per the allegations in the complaint (Annexure A1) the petitioner and the first respondent were married as per a registered deed on 30/10/1999 and thereafter they were living as husband and wife. The first respondent believed herself to be the legally wedded wife of the accused / petitioner and she cohabited with him and consented for sexual intercourse in the belief that she is lawfully married to him. The case of the first respondent is that she was made to believe that she is lawfully married to the petitioner and that the petitioner had by deceit caused her to believe that she is lawfully married to him. They were living as man and wife for seven months and during this period he provided maintenance also. Later he neglected her and failed to provide maintenance to her. She preferred a petition as MC No. 287/2000 for maintenance before the Family Court, Manjeri.