IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
ABDU RAUF – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 1588 OF 2025
| Table of Content |
|---|
| 1. allegations of cruelty and dowry demands. (Para 1 , 2 , 3) |
| 2. complainant's absence and opposition by state. (Para 4) |
| 3. lack of specific allegations warrants dismissal. (Para 5) |
| 4. court quashes further proceedings. (Para 6) |
O R D E R Dated this the 24th day of February, 2026 The accused persons 1 and 2 involved in CC No.1537/2024 pending before the Judicial First Class Magistrate Court, Payyannur, arising out of Crime No.741/2024 of Pazhayangadi Police Station, Kannur, filed this Crl.M.C. under Section 528 of BNSS praying for quashing all further proceedings against the petitioner. The offence alleged against the petitioners under Section 498 A of IPC .
2. The prosecution case is that the 1st accused being the husband of the defacto complainant and the 2nd accused being her sister-in-law, subjected her to cruelty both physically and mentally on the ground of dowry and as such they are alleged to have committed the aforesaid offence.
3. According to the learned counsel for the petitioners, as per Annexure A2 agreement, all the dispute between the petitioners and the defacto complainant was settled and in pursuance of the same, as per Annexure A3, the marriage between the 1st petitioner and the defacto complainant was dissolved by pronouncing talaq. It appears that it was after Anneuxres A2 and A3, the present crime was registered on 5.11.2024.
4. Though notice was issued to the 2nd respondent/defacto complainant, she did not turn up. The petition was opposed by the learned Public Prosecutor.
5. On a perusal of the FI statement, it can be seen that the allegations raised against the petitioners are general and vague in nature. There is no specific allegations with material particulars so as to constitute the offence punishable under Section 498 A of IPC . Moreover, as per Annexure A2, the dispute between the parties was settled out of court and thereafter as per Annexure A3, the marriage was also dissolved by pronouncing talaq. In the above circumstances, no useful purpose will be served in continuing the proceedings against the petitioners as the same will only be an abuse of the process of the court.
6. Therefore, this Crl.M.C. is allowed. All further proceedings against the petitioners in CC. No.1537/2024 on the file of the Judicial First Class Magistrate Court, Payyannur, arising out of Crime No.741/2024 of Pazhayangadi Police Station, Kannur, is quashed.
Sd/-
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