The prosecution for a non-cognizable offence cannot stand without appropriate sanction if the cognizable offence is not maintained.

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 6.45 p.m. As per the said averment on that day when she returned after attending her office, the accused abused her and voluntarily caused hurt to her on the ground that she failed to wash all the clothes present in the laundry basket. It is also alleged that the accused abused her stating that because she got an employment she is not looking after the household affairs and also imputed some allegations against her chastity.

6. Section 498A of the Indian Penal Code, 1860 reads as follows:

“ Section 498A - Husband or relative of husband of a woman subjecting her to cruelty.

1[Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.

Explanation.—For the purposes of this section, "cruelty means"—

(a) anywilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or (b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.”

7. In order to constitute 'cruelty' as defined in Explanation (a)

to Section 498A , it is to be proved that the condct of the accused is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health of the woman.

8. In the instant case, the reason for the incident on

27.07.2022 appears to be because the defacto complainant failed to wash the clothes presented in the laundry basket. Even the defacto complainant has no case that because of the above incident, he had made any attempt to commit suicide or to cause grave injury to her life or health. In the above circumstances, it is to be held that the allegations against the petitioner does not constitute the offence as defined under Section 498A IPC . The remaining offence is under Section 323 , which is a non-cognizable offence.

9. The learned counsel for the petitioner, relying upon the decision of this Court in P.T.Jahangeer v. State of Kerala and others [MANU/KE/1399/2025], argued that, even if the original charge contgained cognizable offence and non-cognizable offence and if the Court finds that cognizable offence is not maintainable, non cognizable offence cannot stan