ORDER

Dated this the 12th day of August, 2024 This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash all further proceedings pursuant to Annexure-1 private complaint, now pending as C.C. No.1743/2023 on the files of the Judicial First Class Magistrate Court-II, Kasaragod. The petitioner herein is the 5th accused in the above case.

2. Heard the learned counsel for the petitioner, the learned counsel appearing for the defacto complainant and the learned Public Prosecutor, in detail. Perused the relevant materials available.

3. In this matter, the marriage of the 1st accused and defacto complainant took place on 09.08.2015 as per religious customs prevailing. On the next day, she reached her matrimonial home. Thereafter, she was subjected to cruelty by accused Nos.1 to 4 and 6. It is alleged that during premarital discussions, A1 to A4 and A6 demanded

50 sovereigns of gold ornaments and Rs.5,00,000/- from her parents, which was later reduced to 40 sovereigns and Rs.4,00,000/-. Accused Nos.2 to 4 and A6 controlled A1, and the defacto complainant's life became increasingly tumultuous. The allegation against the 5th accused is that, after mediation attempts failed, the 5th accused’s arrival from the Gulf worsened the situation. Accordingly, it is alleged that, all the accused have acted in furtherance of their common intention and thereby committed offences punishable under sections 324, 341, 403, 498(A) r/w section 34 of IPC by the accused.

4. While seeking quashment of the proceedings, the learned counsel for the petitioner/5th accused, would submit that going by the entire allegations in the complaint, no overt act is prima facie made out to see commission of the above said offences by the 5th accused, though he was present on the date of settlement talks along with one Badrudeen Tangal, who was a mediator. The learned counsel for the petitioner also pointed out that, as per Annexure.II order in C.C. No.575/2017 dated 25.09.2023, the learned Judicial First Class Magistrate Court-II, Kasaragod, acquitted accused Nos. 1 to 4 and 6, on the finding that no evidence let in to find the allegations of demand for any property or money, either by the husband or his relatives, at any particular point of time. Therefore, the quashment of the proceedings as against the 5th accused/petitioner is liable to be granted.

5. The learned counsel appearing for the defacto complainant read out paragraph Nos.8 and 9 of the private complaint, where the allegations against the 5th accused are precisely stated.

6. The learned Public Prosecutor not seriously opposed quashment sought for, in view of acquittal of the co-accused for want of evidence.

7. On perusal of paragraph Nos. 8 and 9 of the private complaint, the allegations therein are to the effect that the petitioner also unnecessarily created problems along with lady flock and he had an oblique motive in the destruction of the matrimonial relationship between the defacto complainant and her husband. No specific allegations otherwise stated to see that he has committed offences alleged by the prosecution.

8. Thus it appears that, the quashment of the proceedings sought for as against the petitioner/5th accused is liable to be allowed, in a case where, other accused persons were acquitted for want of evidence and only vague allegations raised as against the petitioner. Accordingly, this petition stands allowed and all further proceedings pursuant to Annexure-1 private complaint, now pending as C.C. No.1743/2023 on the files of the Judicial First Class Magistrate Court-II, Kasaragod as against the petitioner/5th accused stand quashed.