MOOLAVALAPPIL SHUKOOR Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are accused 1 to 3 in a prosecution interalia under Sections 498A and Section 376 read with 34 I.P.C. Proceedings have been initiated against the petitioners on the basis of a complaint dated 29/11/2005 filed by the third respondent who is/was the wife of the first petitioner/accused. The petitioners 2 and 3 are father, aged 76 years of the first petitioner and the brother of the first petitioner. Against the accused/petitioners 1 and 3 there is only an allegation under Section 498A read with 34 I.P.C. Against the second petitioner, allegations are raised both under Sections 498A I.P.C as also Section 376 read with 511 I.P.C. The petitioners have come to this court with a prayer that powers under Section 482 Cr.P.C may be invoked to quash the entire proceedings initiated against all three of them. But, in the course of arguments before me after discussions at the Bar, the learned counsel for the petitioner primarily presses the prayer for quashing the charge under Section 376 read with 511 I.P.C against the second petitioner, though of course he does not make any concession.

(2.) Against the allegations raised under Section 498A I.P.C, it is not necessary to advert in detail to the various factual allegations. I am satisfied that if the allegations were accepted in toto, the final report filed under Section 498A cannot be said to be not sustainable. Of course, the acceptability of the factual allegations will have to be gone into in detail in the trial which is to ensue.

(3.) Though the learned counsel for the petitioners has not made any concession as such, I am satisfied that there is no merit in the prayer for quashing of proceedings against petitioners 1 to 3 under Section 498A I.P.C by invoking the powers under Section 482 Cr.P.C.