IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 656 of 2010()
1. ABDUL SALAM MUSSALIAR
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
2. BEEMA,
For Petitioner :SRI.V.ANIL (K/1480/98)
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice S.S.SATHEESACHANDRAN
Dated :27/07/2010
O R D E R
S.S.SATHEESACHANDRAN, J.
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CRL.M.C.NO.656 OF 2010 ()
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Dated this the 27th day of July, 2010
O R D E R
Petitioner is the husband of the 2nd respondent. On the
basis of two complaints filed by the 2nd respondent, two crimes
had been registered against the petitioner. In one of them, apart
from the petitioner, some others are also arrayed among the
accused. The case of the de facto complainant/2nd respondent is
that at the time of filing her complaints in 2008, she was aged 18
years and the petitioner herein attempted to ravish her against
her will, and later, on the intervention of some well wishers, he
agreed to marry her. Accordingly, he married her. But after a
few days, alleging that he had pronounced Talaq and severed
their marital relationship, he deserted her. After such desertion,
it is her case, criminally trespassing upon her house, the
petitioner assaulted her causing injury. In relation to the
criminal trespass and assault, she filed a complaint before the
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Judicial First Class Magistrate Court-I, Harippad, and that
complaint being forwarded to the Police for investigation under
Section 156 (3) of the Cr.P.C, Crime No.199 of 2008 of
Thrikkunnapuzha Police Station was registered for offences
punishable under Sections 452, 427 and 323 of the Indian Penal
Code against the petitioner as the accused therein. Annexure A2
is the copy of the F.I.R in the above crime. The 2nd respondent
had also filed another complaint against the petitioner and some
others, five in number, imputing offences falling under Sections
376, 351, 354, 452, 341, 511 read with 34 of the IPC. Crime
No.198 of 2008 for the above said offences was registered at the
same Police Station against the five persons named as accused in
her complaint. When the crimes registered were pending
investigation, petitioner herein along with other accused, had
approached this Court for quashing one among the crimes,
Crime No.198 of 2008 by moving an application under Section
482 of the Cr.P.C. His request was turned down vide Annexure
A7 order dated 28.1.2010 in Crl.M.C.No.4096 of 2009 holding
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that no case has been made out for invoking the extraordinary
jurisdiction of this Court for the reliefs canvassed. Pursuant
thereto, in both the crimes, after investigation, the police had
filed final reports before the J.F.C.M.Court concerned. At this
stage, the petitioner has again approached this Court for
quashing the final reports in both the crimes, contending that
the complaints imputed against him are frivolous and vexatious
and are intended only to harass him.
2. Perusing the annexures produced with the petition and
also taking note of the submissions made by the counsel on both
sides and also the learned Public Prosecutor, I find this is not a
fit case where interference over the final reports filed by the
Police, after investigation in the crimes, is called for invoking the
extraordinary jurisdiction vested with this Court under Section
482 of the Cr.P.C. Whatever defenses available to the petitioner
can be canvassed in the trial of the case, and on the materials
placed, I find, no interference with the final reports is
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permissible as it cannot be stated that the imputations levelled
against the petitioner are groundless. The petition lacks merit,
and it is dismissed.
S.S.SATHEESACHANDRAN
JUDGE
prp
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