Shakson Belthissor vs State Of Kerala & Anr

2. The Respondent No. 2 (Valsa) got married with the appellant on 23.10.1997. Even otherwise they are related to each other, the Respondent No. 2 being the daughter of the appellant's maternal uncle and paternal aunt. Incidentally, the aforesaid marriage was the second marriage of Respondent No. 2 as she was earlier married to one Mr. Varghese, who died in the year 1995. Through the said marriage the Respondent No. 2 has two sons. However, it was the first marriage of the appellant. Out of the wedlock between the appellant and Respondent No. 2, there is no issue.

3. The appellant was working at the relevant time at Saudi Arabia. The appellant got married to Respondent No. 2 when he came on leave for four months. However, after the marriage there appears to be some dispute between the parties. On 21.04.2002, Respondent No. 2 filed an FIR in the Kottayam Police Station, District Kollam, Kerala alleging that the appellant married her when he came on leave for 4 months and that after the marriage he stayed in the house of the complainant - wife and that after expiry of the period of leave, her husband - the appellant returned to the Gulf. It was also alleged by Respondent No. 2 in the said FIR that thereafter, for 2-3 months, the appellant used to send money for the expenses in the house, talked to her over phone and also sent letters from Saudi Arabia and also behaved with her very affectionately. It was also alleged that the parents of Respondent No. 2 at the time of marriage had 2 given Rs. 5 lakhs and that the said money was utilized by the family of the appellant for purchasing a house at Nediyazhikam and also a property at Mukkam where they are residing. It was also alleged that thereafter they started spreading wrong information regarding the conduct of the Respondent No. 2 in the locality and also misled the appellant about her. On believing his family members, the appellant also stopped sending money from Saudi Arabia for her expenses and also stopped sending letters to her. It was also alleged by the Respondent No. 2 in the said FIR that when she called him on telephone, the appellant behaved without affection towards her and disconnected the phone due to which she became mentally weak. It was also alleged that subsequently whenever the appellant came on leave, he never used to come to the house of Respondent No. 2 and stayed in the house of his younger brother and when Respondent No. 2 herself went to that house, she was turned out from that house. It was also alleged that due to such treatment meted out to her, she has been suffering both mentally and physically.

4. On the basis of the said FIR a criminal case was registered and on completion of the investigation made by the police, a charge sheet was submitted by the police alleging, inter alia, that in the investigation it is established that it is only the appellant, who has committed the offence. It 3 was also stated in the said charge sheet that investigation as per Section 498A of the Indian Penal Code (in short "the IPC") is being continued after dropping the provision of Section 34 IPC since it was revealed that no offence was committed by any of the family members of the appellant under Section 34 IPC. It was also stated in the charge sheet that since the appellant has been in Gulf, arrest could not be made and therefore police requested the court to issue a warrant of arrest for production of the accused-appellant.

5. Both the FIR and the charge sheet, which were submitted by the police, became the bone of contention so far as the appellant is concerned, and therefore, he filed a Criminal Miscellaneous Case No. 9376 of 2002 under Section 482 of the Criminal Procedure Code (in short "the CrPC) before the High Court of Kerala at Ernakulam praying for quashing of both the FIR as also the charge sheet on the ground that no case for prosecution under Section 498 A IPC is made out against him. The High Court, however, without issuing any notice on the said petition rejected the petition holding that by no stretch of imagination it can be said that the FIR and the charge sheet do not disclose the commission of the offence alleged against the appellant.

Report has been submitted before the Court regarding continuation of the investigation as per Section 498A IPC after reducing Section 34 IPC, since it was 6 revealed that no offence was committed under Section 34 IPC.

(iii) The power to quash shall not, however, be used to stifle or scuttle a legitimate prosecution. The power should be used sparingly and with abundant caution.

(iv) The complaint is not required to verbatim reproduce the legal ingredients of the offence alleged. If the necessary factual foundation is laid in the complaint, merely on the ground that a few ingredients have not been stated in detail, the proceedings should not be quashed. Quashing of the complaint is warranted only where the complaint is so bereft of even the basic facts which are absolutely necessary for making out the offence.

means-

(b) Harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her meet such demand".

26. It is thus established that on a reading of the FIR as also the charge sheet filed against the appellant no case under Section 498A is made out on the face of the record, and therefore, both the FIR as also the charge sheet are liable to be quashed in exercise of the powers under Section 482 of the CrPC. Clearly, the High Court failed to appreciate the facts in proper perspective, and therefore, committed an error on the face of the record.

27. We, therefore, allow this appeal and quash the proceedings initiated against the appellant under Section 498A of the IPC.

28. The appeal is allowed to the aforesaid extent.