IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4953 of 2008()
1. NOUSHAD, S/O.KHADEEJA, AGED 30 YEARS,
... Petitioner
2. KHADEEJA, W/O.ABOOBACKER, AGED 55 YEARS
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. RUKIYA, D/O. MUHAMMED, AGED 28 YEARS,
For Petitioner :SRI.LUIZ GODWIN D'COUTH
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :19/12/2008
O R D E R
R.BASANT, J
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Crl.M.C. No.4953 of 2008
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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/-