IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

FRIDAY, THE 05TH DAY OF APRIL 2019 / 15TH CHAITHRA, 1941

Crl.MC.No. 2029 of 2019

AGAINST THE ORDER/JUDGMENT IN CC 1053/2017 of JUDICIAL FIRST

CLASS MAGISTRATE COURT, MATTANCHERY

CRIME NO. 1054/2016 OF Mattancherry Police Station , Ernakulam

PETITIONER/S:

KALA,AGED 28 YEARS

W/O. RAVI, C/O. CC 13/440A, CHULLICKAL,

MATTANCHERY, KOCHI-5

BY ADV. SRI.V.S.MANSOOR

RESPONDENT/S:

1

STATE OF KERALA,REPRESENTED BY THE PUBLIC

PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM

682 031.

2

RAJITHA,

H.NO. 131427, CHULLICKAL, KOCHI 5, ERNAKULAM (DIST)

BY ADVS.

SRI.ABDUL JALEEL.A

OTHER PRESENT:

SMT.PRIYA SHANAVAS, PUBLIC PROSECUTOR FOR R1,

SMT,M.A.SULFIA FOR R2

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

05.04.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ALEXANDER THOMAS, J.

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Crl.M.C.No. 2029 of 2019

==================

Dated this the 5^th day of April, 2019

O R D E R

The above Criminal Miscellaneous Case has been filed under

the enabling provisions contained in Sec.482 of the Cr.P.C. with the

following prayer:

“....... to quash Annexure B Final report and all further proceedings

pursuant to that against the petitioner, which is now pending as C.C.No.

1053 of 2017 on the files of the Judicial First Class Magistrate's Court,

Mattanchery.”

2.

Heard Sri.V.S.Mansoor, learned counsel appearing for the

petitioner, Smt. Priya Shanavas, learned Prosecutor appearing for R-1

State of Kerala and Smt.M.A.Sulfia, learned counsel appearing for

R-2 defacto complainant.

3.

The petitioner herein has been arrayed as accused No.2 in

the impugned Calendar Case, C.C.No.1053/2017 on the file of the

Judicial First Class Magistrate's Court, Mattanchery, which has arisen

out of Anx.B final report/charge sheet filed in Anx.A Crime No.

1054/2016 of Mattanchery Police Station. The petitioner hails from

Andhra Pradesh and she (A-2) along with one Sajeeb (accused No.1)

have been arrayed as accused in the abovesaid criminal proceedings

which has been registered for offence under Sec.498A I.P.C. and

Crl.M.C.2029/19

- : 3 :-

Sec.4 of Dowry Prohibition Act. It is pointed out by the petitioner that

the only allegation raised against the petitioner in the impugned

criminal proceedings, which has been triggered on the basis of the

first information statement of the 2^nd respondent defacto complainant

(who is the wife of A-1), is that A-1 (husband of R-2) is having extra

marital relationship with the petitioner (A-2) and there is no whisper

in Anx. A and Anx. B that the petitioner is had demanded any dowry

from the 2^nd respondent or that she has committed any cruelty against

the petitioner, etc. The Police after investigation in Anx.A Crime No.

1054/2016 of Mattanchery Police Station has now submitted Anx.B

final report/charge sheet which has led to the institution of Calendar

Case, C.C.No.5053/2017 on the file of the Judicial First Class

Magistrate's Court, Mattanchery.

4.

There does not appear to be any serious dispute for the

2^nd respondent that the only allegation raised against the petitioner is

that A-1 (husband of R-2) is having extra marital relationship with the

petitioner and that there are no further allegations therein that the

petitioner A-2 had demanded any dowry from the 2^nd respondent or

that she committed any cruelty against the 2^nd respondent, etc.

5.

It has been held by the Apex Court in decisions as in

Crl.M.C.2029/19

- : 4 :-

Pinakin Mahipatray Rawal v. State of Gujarat [(2013) 10

SCC 48] that mere fact that the husband developed some intimacy

with another women during subsistence of the marriage and failed to

discharge his marital obligations would not amount to cruelty as

understood in Sec. 498 of the I.P.C. Further it has also been held by

the Apex Court in Ghusabhai Rias Angbhai Chorasiya v.

State of Gujarat [(2015) 11 SCC 753], that extra