IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
K.M.PURUSHAN, RADHAMANI, BINCE – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 1332 OF 2023 | C.C NO.1054 OF 2021
| Table of Content |
|---|
| 1. details of the case and alleged offences under ipc. (Para 1 , 2) |
| 2. challenges regarding the allegations and the sustainability of charges. (Para 3 , 4) |
| 3. court finds the continuation of proceedings as an abuse. (Para 5) |
O R D E R
(Dated this the 10th day of March, 2026)
The petitioners are accused Nos.2 to 4 in C.C.No.1054 of
2021 of Judicial First Class Magistrate Court-II, Cherthala, arising out of Crime No.548 of 2021 of Poochakkal Police Station, Alappuzha. They filed this Crl.M.C under Section 482 Cr.PC praying for quashing all further proceedings against them. The offence alleged against the petitioners is under Section 498-A r/w Section 34 of IPC .
2. The prosecution case is that the petitioners along with the other accused persons, who are the husband and relatives of the husband of the de facto complainant, 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 as such is believed, the same will not constitute the offence punishable under Section 498-A IPC . Therefore, he prayed for quashing all further proceedings against the petitioners.
4. The petition was strongly opposed by the learned counsel for the 3rd respondent/de facto complainant as well as by the Public Prosecutor.
5. On a perusal of the FI statement, it can be seen that, though several allegations are levelled against the accused persons in general, there is not even a single specific allegation with material particulars like date. In the absence of any such specific allegations with material particulars like date, 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.
Therefore, this Crl. M.C is allowed. All further proceedings against the petitioners in C.C.No.1054 of 2021 of Judicial First Class Magistrate Court-II, Cherthala, arising out of Crime No.548 of 2021 of Poochakkal Police Station, Alappuzha, is quashed under Section 482 of Cr.PC.
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