IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 Crl.MC.No. 3010 of 2005 -------------------------------------- CC.959/2003 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PARAPPANANGADI .................... CC.523/05 is corrected as CC.959/03 as per order dt.19.10.05 in Crl.M.A.12437/05. PETITIONER/ACCUSED NO.3: CHEKKUTY, S/O.MUHAMMED, AGED 37, VEGATH HOUSE, THIRUTHICHANAKATHIYIL, ASAD NAGAR, KODUVAYUR, P.O.A.R.NAGAR, TIRURANGADI, MALAPPURAM DISTRICT. BY ADV. SRI.K.P.MUJEEB RESPONDENTS: 1. MALIYEKKAL KHADEEJA, D/O.SAIDALAVI, AGED 32, KOTHOTTIL VEEDU,PADIKKAL, P.O.VELIMUKKU, TIRURANGADI TALUK, MALAPPURAM DISTRICT. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PP SRI.MOHAMMED PUZHAKKARA SRI.P.K.SURESH KUMAR FOR R1 SRI.K.P.SUDHEER FOR R1 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 29/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.P. Balachandran, J. ----------------------- Crl.M.C.No.3010 of 2005 ----------------------- ORDER This Crl.M.C. is filed to quash the proceedings as against the petitioner/3rd accused in C.C.No. 959/03 on the file of the Judicial First Class Magistrate's Court, Parappanangadi, registered for offences under Sections 406 and 498A IPC read with Section 34 thereof. 2. The marriage of the first respondent/ complainant with the first accused has taken place as early as in 1990 and three children are born to them out of the said wedlock and as on the date of the complaint, they were aged respectively 14, 11 and 7 years. The vague allegation in Annexure-A complaint is that accused Nos.2 and 3/the mother- in-law and brother-in-law of the first respondent were meting out harassment towards her from 1990 till 2003. It is also alleged that in two spells the first respondent's husband Ibrahim had gone to Gulf. It is her case that all along she was CRMC 3010/05 2 residing in her matrimonial home, where accused Nos.2 and 3 were residing. On the basis of Annexure-A complaint, the police have conducted investigation in the case and have submitted final report. Annexure-B is the final report. The final report submitted by the police, after due investigation, recording also the statements of the witnesses, is produced before the Magistrate and those relevant records are not before this Court. 3. It is the contention of the petitioner/ third accused that he is in Gulf for the last seven years immediately preceding filing of Annexure-A complaint and that therefore, the allegations as against him are false. There is absolutely no evidence, as matters now stand, to show that the petitioner/third accused was in Gulf and had not partaken in meting out harassment to the first respondent/complainant. Hence, on the basis of the documents submitted before this Court, it cannot be said that the petitioner has not committed any CRMC 3010/05 3 offence punishable under Section 498A IPC read with Section 34 thereof. Final report laid is under Section 406 as well. If at all there is sufficient material before the Magistrate, from the material papers submitted along with the final report, to canvass for a discharge, petitioner shall be at liberty to move the Magistrate for discharge. This Crl.M.C. is dismissed. 29th October, 2008 (K.P.Balachandran, Judge) tkv