PAUL Vs. STATE OF KERALA

JUDGEMENT

(1.) The two petitioners herein are accused in Anx.A-1 Crime No. 109/2019 of Chalakkudy Police Station, which has been registered on the basis of the complaint of the 2nd respondent lady defacto complainant for offences punishable under Sec. 294(b), 506, 323, 34 of the I.P.C. and Sec. 31 of the Protection of Women from Domestic Violence Act, 2005 (DV Act). The petitioners would contend that the allegation of breach of the protection order passed by learned Magistrate under the DV Act and consequential implication of the petitioners as per Sec.31 of the DV Act in the impugned order is essentially arising out of a private complaint filed before the Judicial First Class Magistrate's Court, Chalakkudy and hence the Police authorities have no authority to take cognizance of the offence as per Sec. 31 of the Act. Further that the offences as per Secs.294(b), 323 and 506 are non-cognizable offences and that the Police have no authority to proceed against the petitioners without prior sanction of the court under Sec. 155(2) of the Cr.P.C.

(2.) Heard Smt.M.R.Reena, learned counsel appearing for the petitioners, Sri.Amjad Ali, learned Prosecutor appearing for R-1 and Sri.P.JineshPaul, learned counsel appearing for contesting respondent No.2 (lady defacto complainant).

(3.) The 2nd respondent, who is the mother of the 1st petitioner and the mother-in-law of the 2nd petitioner, has filed Anx. A-2 M.C.No.14/2019 before the Judicial First Class Magistrate's Court, Chalakkudy, in terms of the provisions contained in Sec. 12 of the DV Act , wherein the learned Magistrate has granted Anx. A-3 interim protection order as per order dated 5.2.2019 on Crl.M.P. No.980/ 2019 in M.C.No.14/2019. The petitioners herein, who are the respondents in Anx. A-2 M.C., have filed detailed objections as per Anx. A-4, to Anx.A-2 M.C., contending that the allegations in Anx.A-2 M.C. are false. The case of the 2nd respondent defacto complainant against the petitioners herein is that after the grant of Anx. A-3 interim order in the DV proceedings, on 10.2.2019 at about 8.30 a.m. the petitioners herein had gone to the 2nd respondent's house and uttered obscene words against her and threatened and manhandled her. That the 2nd respondent herein has filed Anx. A5 complaint/ petition dated 10.2.2019 before the SHO, Chalakkudy, complaining of the abovesaid alleged acts of the petitioners herein. It is on the basis of Anx.A5 complaint that the Police authorities have registered the impugned Anx.A-1 FIR in Crime No.109/2019 of Chalakkudy Police Station, for offences punishable under Sec. 294(b), 406, 323 and 34 of the I.P.C . and Sec. 31 of the DV Act , wherein the petitioners herein have arrayed as the accused. The petitioners have raised various contentions regarding the merits of the matter and have contended that the entire allegations raised in Anx. A-2 DV application are false and motivated and that civil case is also pending between the petitioners herein and the 1st petitioner's elder brothers as O.S.No. 95/2015 on the file of the Munsiff's Court, Chalakkudy, filed by the 1 st petitioner herein in the matter of fixation of boundary of their property. It is stated that the present false allegations are made by the 2nd respondent only on account of such family disputes.