IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
AMSHAJ – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 9479 OF 2025
| Table of Content |
|---|
| 1. accused in c.c no. 421 of 2025 facing allegations under ipc. (Para 1 , 2) |
| 2. arguments raise doubt on allegations sufficiency. (Para 3 , 4 , 5) |
| 3. no specific allegations warrant quashing. (Para 6) |
ORDER
Dated this the 31st day of January, 2026 The petitioners are the accused persons involved in C.C No. 421 of
2025 on the file of the Judicial First Class Magistrate Court-I, Palakkad, arising out of Crime No. 838 of 2024 of Kuzhalmannam police station. The offence alleged against the petitioners are under Section 498A r/w 34 of the IPC .
2. The prosecution case is that the 1st accused, being the husband of the defacto complainant and the other accused persons being his relatives subjected her to cruelty both physically and mentally on the ground of dowry and thereby they are alleged to have committed the aforesaid offences.
3. According to the learned counsel for the petitioners, even if the entire allegations levelled against the petitioners are believed as such, the same does not constituted the offence punishable under Section 498A and therefore they prayed for quashing all further proceedings against the petitioners.
4. Though notice was served on the 3rd respondent/defacto complainant, she did not turn up.
5. The petition was strongly opposed by the learned Public Prosecutor.
6. On a perusal of the FI statement, it can be seen that though several allegations are raised against the petitioners, there is not even a singly specific allegation with material particulars like date and place of incident, etc. In the absence any specific allegation against any of the petitioners in the FI statement as well as in the additional statement given, no useful purpose will be served in continuing proceedings against them. Therefore, continuation of further proceedings against the petitioners will be an abuse of the process of the Court.
In the result, this Crl.M.C is allowed. All further proceedings against the petitioners in C.C No. 421 of 2025 on the file of the Judicial First Class Magistrate Court-I, Palakkad, arising out of Crime No. 838 of 2024 of Kuzhalmannam police station, is quashed.
Sd/-
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