GISHNU Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are the accused in C.C.No.740/2024 on the files of the Judicial First Class Magistrate Court-I, Koyilandy, which arose out of Crime No.332/2024 of Elathur Police Station, Kozhikode. The offences alleged against them are under Ss. 498A & 406 read with Sec. 34 of the Indian Penal Code, 1860, (in short, 'IPC'). The offences relate to the alleged matrimonial cruelty perpetrated upon the de facto complainant by the first petitioner, who is her husband, and accused Nos.2, 3 & 4, who are respectively her mother-in-law, brother-in-law and wife of brother-in-law. It is alleged that ever since the marriage between the first petitioner and the de facto complainant on 3/2/2019, she was being subjected to mental cruelty by the petitioners. There is also the allegation that the petitioners misappropriated 63 sovereigns of gold ornaments which the de facto complainant obtained at the time of her marriage.

(2.) In the present petition, the petitioners would contend that even if the allegations levelled against them are accepted on face value, it will not constitute the offences alleged against them. It is further contended that even before the marriage, the de facto complainant was undergoing treatment for psychiatric illness, and that the marriage was performed suppressing the above illness of the de facto complainant. According to the petitioners, they made all efforts to get the de facto complainant cured of her illness by providing treatment for her at the Government Medical College, Calicut. It is stated that despite the petitioners' best efforts to provide appropriate treatment, the de facto complainant's mental illness showed no significant improvement. In the above circumstances, the first petitioner is said to have issued a legal notice to the de facto complainant on 27/3/2024, for the dissolution of his marriage with her. It is stated that the de facto complainant preferred the present complaint thereafter as an act of reprisal to the aforesaid legal notice issued by the first petitioner. For the above reason, the petitioners seek the quashment of the proceedings against them by invoking the inherent powers of this Court under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(3.) Heard the learned counsel for the petitioners and the learned Public Prosecutor representing the State of Kerala.