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2025 Supreme(Ker) 112

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. BADHARUDEEN
Anas Thaikandy, S/o. Abdulla – Appellant
Versus
Haseena K, D/o. Hassainar – Respondent


Advocates Appeared:
For the Appellant : M.K.SUMOD, VIDYA M.K., THUSHARA.K, NAMITHA GEORGE
For the Respondent: SHAJAHAN J., ABDUL HAMEED RAFI(K/1004/2011), SRI.JIBU.T.S.

ORDER :

The accused in C.C.No.976/2022 on the files of the Judicial First Class Magistrate Court-II, Kannur, seeks quashment of the said case in this petition filed under Section 482 of the Code of Criminal Procedure. The respondents herein are wife of the petitioner and State of Kerala, respectively.

2. Heard the learned counsel for the petitioner and the learned counsel appearing for the 1st respondent. The learned Public Prosecutor was also heard.

3. In the instant case, Crime No.390/2022 was registered by the Kannur City Police on 6.8.2022, as per Annexure A1 FIR on the allegation that the petitioner committed offence punishable under Section 3 r/w Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019 (for short, ‘the Act, 2019’ hereinafter).

Thereafter, investigation completed and final report filed as Annexure A2 alleging commission of the above offence by the petitioner, who is arrayed as the sole accused therein.

4. The trial court took cognizance of the matter and the same has been pending as C.C.No.976/2022 before the Judicial First Class Magistrate Court-II, Kannur, now.

5. The learned counsel for the petitioner zealously argued that as per Annexure A5, th

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