SAHIR RAHMAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Both these petitions relate to the offences which arose out of the alleged matrimonial cruelty meted out to the 2nd respondent by her husband who is the first petitioner in Crl.M.C.No.2174/2016, and the sole petitioner in Crl.M.C.No.994/2016. Crl.M.C.No.2174/2016 has been filed by the first petitioner along with six others who are his mother and siblings, against whom, the Poochakkal Police registered Crime No.73/2014 in connection with the commission of offences under Ss. 498A and 323 read with Sec. 34 I.P.C. In the aforesaid case, the S.I of Police, Poochakkal, after completion of the investigation, filed final report against the seven accused who are the petitioners in Crl.M.C.No.2174/2016. The aforesaid final report was taken into files by the Judicial First Class Magistrate Court-II, Cherthala as C.C.No.1469/2014, and summons ordered to the accused. Crl.M.C.No.994/2016 has its origin in a private complaint filed by the second respondent against her husband, sisters of her husband, and their spouses, alleging the commission of offence under Ss. 341, 323 and 498A I.P.C. The learned Judicial First Class Magistrate-I, Kozhikode, after the completion of the enquiry under Sec. 202 Cr.P.C. took the above complaint into files as C.C.No.401/2015 and issued summons to the first petitioner herein to answer the charges under the aforesaid Ss. . In the present petitions, the petitioners seek to quash the proceedings in both these cases.

(2.) According to the petitioners, the de facto complainant/second respondent initiated the prosecution proceedings in these cases by raising false and baseless allegations. It is further contended that there are no materials on record to attract the offences alleged against the petitioners. The first petitioner is stated to be a hemophilia patient undergoing continuous treatment right from his childhood. He is also said to be suffering from bilateral chronic knee arthropathy and another serious ailmentS caused due to excess consumption of pain killers and other medicine. The petitioners would also contend that the de facto complainant has initiated parallel proceedings before the Judicial First Class Magistrate Court-II, Cherthala and Judicial First Class Magistrate Court-I, Kozhikode alleging false and baseless allegations against the petitioners to harass them. For the above reasons, the petitioners seek to terminate the prosecution proceedings in these cases.

(3.) Both these petitions were earlier disposed of by the order dtd. 12/3/2025. The aforesaid order was recalled and the petitions were restored to files as per order dtd. 10/4/2025 in Crl.M.A.No.1 of 2025.