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2009 Supreme(Ori) 203
2009 (II) OLR (SC) — 260
DR. MUKUNDAKAM SHARMA AND DR. B.S. CHAUHAN, JJ.
Shakson Belthissor...Appellant
Versus
State of Kerala & Anr....Respondents
CRIMINAL APPEAL NO. 249 OF 2004
Decided on 6th July, 2009.
Headnote:1. PENAL CODE, 1860 - Sec. 498A - F.I.R. and charge sheet - Quashing of - The provision would be applicable only to such a case where the husband or the relative of the husband of a woman subjects the said woman to cruelty - In the present case held, neither in the F.I.R. nor in the charge sheet there is any ingredient of Section 498A, IPC, which could prima facie constitute a case of cruelty as defined in that section - No case under Sec. 498-A is made out on the face of the record - Proceedings under the section quashed.
When the ingredients of the aforesaid Section are present in a particular case, in that event the person concerned against whom the offence is alleged would be tried in accordance with law in a trial instituted against him and if found guilty the accused would be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. The said section contains an explanation, which defines “cruelty” as understood under Section 498A IPC. In order to understand the meaning of the expression ‘cruelty’ as envisaged under Section 498A, there must be such a conduct on the part of the husband or relatives of the husband of woman which is of such a nature as to cause the woman to commit suicide or to cause grave injury or danger to life, limb or health whether mental or physical of the woman.
(Paras - 21 to 26)
2. CRIMINAL PROCEDURE CODE, 1973 - Sec. 482 - F.I.R. and charge sheet - Quashing of - Scope and power - The said power is exercised by the Court to prevent abuse of the process of law and Court - Such a power could be exercised only when the complaint filed by the complainant or the charge sheet filed by the police did not disclose any offence or when the said complaint is found to be frivolous, vexatious or oppressive. (Para - 9)
JUDGMENT
DR. MUKUNDAKAM SHARMA, J. — 1. This appeal is directed against the judgment and order dated 28.10.2002 passed by the Kerala High Court rejecting the petition filed by the appellant herein praying for quashing of the first information report (for short ‘the FIR’) and the charge sheet filed against him.
2. The Respondent No. 2 (Valsa) got married with the appellant on 23.10.1997. Even otherwise they are related to each other, the Respondent No. 2 being the daughter of the appellant’s maternal uncle and paternal aunt. Incidentally, the aforesaid marriage was the second marriage of Respondent No. 2 as she was earlier married to one Mr. Varghese, who died in the year 1995. Through the said marriage the Respondent No. 2 has two sons. However, it was the first marriage of the appellant. Out of the wedlock between the appellant and Respondent No. 2, there is no issue.
3. The appellant was working at the relevant time at Saudi Arabia. The appellant got married to Respondent No. 2 when he came on leave for four months. However, after the marriage there appears to be some dispute between the parties. On 21.04.2002, Respondent No. 2 filed an FIR in the Kottayam Police Station, District Kollam, Kerala alleging that the appellant married her when he came on leave for 4 months and that after the marriage he stayed in the house of the complainant - wife and that after expiry of the period of leave, her husband - the appellant returned to the Gulf. It was also alleged by Respondent No. 2 in the said FIR that thereafter, for 2-3 months, the appellant used to send money for the expenses in the house, talked to her over phone and also sent letters from Saudi Arabia and also behaved with her very affectionately. It was also alleged that the parents of Respondent No. 2 at the time of marriage had given Rs. 5 lakhs and that the said money was utilized by the family of the appellant for purchasing a house at Nediyazhikam and also a property at Mukkam where they are residing. It was also alleged that thereafter they started spreading wrong information regarding the conduct of the Respondent No. 2 in the locality and also misled the appellant about her. On believing his family members, the appellant also stopped sending money from Saudi Arabia for her expenses and also stopped sending letters to her. It was also alleged by the Respondent No. 2 in the said FIR that when she called him on telephone, the appellant behaved without affection towards her and disconnected the phone due to which she became mentally weak. It was also alleged that subsequently whenever the appellant came on leave, he never used to come to the house of Respondent No. 2 and stayed in the house of his younger brother and when Respondent No. 2 herself went to that house, she was turned out from that house. It was also alleged that due to such treatment meted out to her, she has been suffering both mentally and physically.
4. On the basis of the said FIR a criminal case was registered and on completion of the investigation made by the police, a charge sheet was submitted by the police alleging, inter alia, that in the investigation it is established that it is only the appellant, who has committed the offence. It was also stated in the said charge sheet that investigation as per Section 498A of the Indian Penal Code (in short “the IPC”) is being continued after dropping the provision of Section 34 IPC since it was revealed that no offence was committed by any of the family members of the appellant under Section 34 IPC. It was also stated in the charge sheet that since the appellant has been in Gulf, arrest could not be made and therefore police requested the court to issue a warrant of arrest for production of the accused-appellant.
5. Both the FIR and the charge sheet, which were submitted by the police, became the bone of contention so far as the appellant is concerned, and therefore, he filed a Criminal Miscellaneous Case No. 9376 of 2002 under Section 482 of the Crimi
