IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 Crl.MC.No. 4953 of 2008() ------------------------- CRIME NO.826/08 OF THAMARASSERY POLICE STATION PETITIONER(S): ACCUSED 1 AND 2 ------------------------------ 1. NOUSHAD, S/O.KHADEEJA, AGED 30 YEARS, PURAKKAL VEEDU, MALORAM - 22, MILE, EANGHAPUZHA AMSOM DESOM, KOZHIKODE TALUK. 2. KHADEEJA, W/O.ABOOBACKER, AGED 55 YEARS PARAKKAL VEEDU, EANGHAPUZHA AMSOM,DESOM, KOZHIKODE TALUK. BY ADV. SRI.LUIZ GODWIN D'COUTH RESPONDENT(S): COMPLAINANT/DEFACTO COMPLAINANT ---------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. RUKIYA, D/O. MUHAMMED, AGED 28 YEARS, THENGINTHODIYIL HOUSE, CHOONDANKUZHI, KEDAVOOR AMSOM, CHAMAL DESOM, THAMARASSERY. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.4953 of 2008 ------------------------------------- Dated this the 19th day of December, 2008 ORDER Petitioners face allegations in a crime registered alleging offences punishable, inter alia, under Section 498 A r/w 34 I.P.C. The petitioners are the husband and mother in law of the defacto complainant. The defacto complainant filed a complaint before the learned Magistrate which was referred by the learned Magistrate to the police under Section 156(3) Cr.P.C. Accordingly the crime was registered. Investigation is in progress. 2. At this stage the petitioners have come before this Court with a prayer that the powers under Section 482 Cr.P.C may be invoked to quash the F.I.R registered against him. 3. What is the reason ? The learned counsel for the petitioners submits that the allegations raised are all false. It is further submitted that there is no specific reference to the dates on which the alleged overt acts were committed. 4. At this early stage of investigation, I shall carefully avoid any detailed discussions about the acceptability of the Crl.M.C. No.4953 of 2008 2 allegations or the credibility of the data collected. Suffice it to say that the allegations raised, it can by no stretch of imagination be held, do not constitute an offence under Section 498 A I.P.C. At this early stage and with the available inputs, this Court cannot hazard an opinion as to whether the allegations are false or true. Suffice it to say that allegations if true, the registration of the F.I.R cannot be faulted. It is for the Investigator to ascertain the falsity or correctness of the allegations and take appropriate and necessary action. 5. This Crl.M.C is, in these circumstances, dismissed, but without any fetter on the right of the petitioners to seek anticipatory bail or to appear before the learned Magistrate or the Investigating Officer and then seek regular bail. Needless to say, such application must be considered on merits, in accordance with law and expeditiously by the court concerned. 6. Hand over a copy of this order to the learned counsel for the petitioners. (R.BASANT, JUDGE) rtr/-