ORDER

The petitioner is the sole accused in CC No.1160/2022 on the file of the Judicial First Class Magistrate Court-I, Muvattupuzha. The offences alleged against the petitioner are under Sections 498A and 323 of the Indian Penal Code, 1860 .

2. The prosecution case is that the accused, who is the husband of the defacto complainant, on 27.07.2022 at about 6.45 p.m subjected her to cruelty both physically and mentally and also voluntarily caused hurt to her and thereby he is alleged to have committed the above offences.

3. According to the learned counsel for the petitioner, the allegations against the petitioner does not constitute the offence under Section 498A IPC , and as such the prosecution against the remaining offence under Section 323 , cannot stand without necessary sanction from the learned Magistrate under Section 155 (2) Cr.P.C. Therefore, he prayed for quashing all further proceedings against the petitioner.

4. The petition was strongly opposed by the learned Public Prosecutor.

5. Going by the F.I.Statement, though several allegations are raised by the defacto complainant, the only specific allegation is with regard to the incident that occurred on 27.07.2022 at about