The court quashed proceedings due to lack of credible evidence, viewing the allegations as retaliatory and abusive to court processes.

ORDER

Dated : 27^th November, 2025 This is a petition filed by the accused in Crime No. 351 of 2024 of Kodungalur Police Station, which is now pending as C.C. No. 633 of 2024 on the file of the Judicial First Class Magistrate Court, Kodungallur. The offences alleged against the petitioner are under Section 323 , 506(i) IPC and Section 31 (1) of the Protection of Women from Domestic Violence Act, 2005 .

2. The prosecution case is that the accused, in violation of the protection order passed by the Judicial First Class Magistrate, Kodungallur in CMP No. 2027 of 2023 in MC No. 12 of 2023, on 09.02.2024, after inviting the defacto complainant and their son to his residence to settle the cases pending between them, voluntarily caused hurt to her, intimidated her and thereby he is alleged to have committed the aforesaid offences.

3. According to the learned counsel for the petitioner, this is a false case foisted against him as a counter blast to Annexure A7 complaint filed by his parents against the defacto complainant that on 20.02.2014, the defacto complainant broke open the room of his parents using a duplicate key and took away valuable documents belonging to his parents. According to the learned counsel, the present FIR registered subsequent to the Annedure-A7 complaint on 03.03.2024, with respect to an incident dated 09.02.2024, without offering any valid reasons for the delay, is filed with ulterior motives and without any bonafides and therefore, he prayed for quashing all further proceedings against the petitioner.

4. The petition was strongly opposed by the defacto complainant/ second respondent as well as the learned public prosecutor.

5. Annexure A1 complaint is dated 03.03.2024. In Annexure A1 complaint, it is stated that on 08.02.2024, the petitioner invited the defacto complainant to his residence to discuss about settling the dispute existing between them and accordingly they, along with the children, went for a trip to Athirappally. Thereafter, they returned to the residence of the petitioner at about 07.30 p.m. on 09.02.2024. When they returned home from Athirappally, a lady was sitting there. After dropping the defacto complainant and children there, the petitioner went along with that lady. When the petitioner went along with that lady, the petitioner was in possession of a purse containing a sum of Rs.50,000/- and a pair of anklets weighing 2.25 sovereigns of gold. At about 08.00 p.m., the petitioner returned stating that unless money is given to that lady, she will not permit the petitioner and the defacto complainant to lead a peaceful life. Therefore, he requested for money from the defacto complainant. When she told him that she has no money with her, he voluntarily caused hurt to the defacto complainant. At that time, the mother of the petitioner told her to give some money to the petitioner. Only when she agreed to give money to the petitioner, he stopped assaulting her. According to her, After 2 days, she consulted a doctor in a clinic and since the pain continued, she obtained treatment from the Govt.

Hospital, Kodungallur.

6. Exhibit A7 is a complaint given by the defacto complainant to the Sub-Inspector Police, Women's Police Station, Ernakulam, against the lady who was allegedly present at the residence of the petitioner on 09.02.2024. In the said complaint, she alleges that the said lady is not permitting her and her husband in leading a peaceful matrimonial life and therefore, she seeks intervention of the police to see that the said lady does not interfere in their matrimonial life. As argued by the learned counsel for the petitioner, in Annexure A7