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2022 Supreme(Online)(KER) 29112

HIGH COURT OF KERALA
SHANOOB MAMALAPARAMBIL SHERRIEF – Appellant
Versus
STATE OF KERALA – Respondent


ORDER

This Crl.M.C. has been filed to quash all further proceedings in Annexure-B final report in Crime No.8/2022 of Kunnathunadu Police Station.

2. The petitioner is the accused. The 2nd respondent is the de facto complainant. The 3rd respondent is the wife of the petitioner.

3. The offences alleged against the petitioner are punishable under Sections 3 and 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019 (for short, 'the Act').

4. Admittedly, the petitioner married the 3rd respondent on 6.9.2015 as per Muslim rites. The petitioner divorced the 3rd respondent by pronouncing talaq. After the pronouncement of talaq, the 3rd respondent preferred a complaint to the Station House Officer, Kunnathunadu Police Station alleging that the talaq pronounced by the petitioner is triple talaq prohibited by the Act, 2019. On the basis of the said complaint, the Kunnathunadu police registered a crime against the petitioner for the offences punishable under Sections 3 and 4 of the Act, 2019. Annexure A is the FIR. Thereafter, the investigation was conducted and a final report was filed against the petitioner before the Judicial First Class Magistrate Court, Kolenchery. Annexure B is

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