Kerala High Court
K.M. Peer Muhammed vs State Of Kerala on 4 August, 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
MONDAY, THE 4TH DAY OF AUGUST 2025 / 13TH SRAVANA, 1947
CRL.MC NO. 5141 OF 2025
CRIME NO.797/2023 OF MANKARA POLICE STATION, PALAKKAD
CC NO.752 OF 2024 OF JUDICIAL MAGISTRATE OF FIRST
CLASS -II,PALAKKAD
PETITIONER/1ST ACCUSED:
K.M. PEER MUHAMMED
AGED 42 YEARS
S/O. MUHAMMED KASSIM, RED FIELD, E-3 - DOOR GOVERNMENT
STAFF QUARTERS, KAMARAJ ROAD, COIMBATORE, TAMILNADU,
PIN - 641001
BY ADVS.
SRI.T.V.JAYAKUMAR NAMBOODIRI
SHRI.K.R.RAGHUNATH
SMT.P.SHEENA RAJAN
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
2 RAMLATH
W/O. PEER MOHAMMED, THAVALATHIL VEEDU, ONNAM MILE,
MANNUR P.O, PALAKKAD, PIN - 678642
BY ADVS.
SRI.L.RAJESH NARAYAN
SHRI.SHAIK ABDULLA T.U.
SRI SUDHEER G., PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 04.08.2025, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
2025:KER:57890
Crl.M.C 5141/2025
2
ORDER
The petitioner is the accused in C.C.No.752 of 2024 on the files of the Judicial First Class Magistrate Court-II, Palakkad. The allegation against him is that he committed the offence under Section 498A IPC.
2. The prosecution case is summarised as follows:
The petitioner married the de facto complainant on 03.06.2007. Within a short period after the marriage, the petitioner started torturing the de facto complainant physically and mentally, demanding more dowry. In respect of the above incident, a case was registered by the Mankara Police as Crime No.541/2016. The Final Report in the aforesaid case was filed before the Judicial First Class Magistrate Court II, Palakkad, and it was accepted as CC No.796/2017. The aforesaid case was settled between the parties on the basis of the undertaking given by the petitioner that he would not repeat such torture, and that he would lead a peaceful family life. On the basis of the above said undertaking, the de facto complainant gave evidence before the Trial Court in tune with the settlement of issues between the parties, leading to the acquittal of the accused, as per the 2025:KER:57890 Crl.M.C 5141/2025 3 judgment rendered by the Judicial First Class Magistrate Court II, Palakkad, on 27.11.2017. However, after the above acquittal, the de facto complainant would allege that the petitioner again started torturing her. Accordingly, a complaint was preferred, which resulted in the registration of Crime No.797/2023 by the Mankara Police. After the completion of the investigation, the SI of Police, Mankara, laid the Final Report before the jurisdictional Magistrate alleging the commission of offence under Section 498A IPC by the accused.
3. In the present petition, the petitioner would contend that he is totally innocent, and that he has been falsely implicated in this case. According to the petitioner, in a similar complaint preferred by the de facto complainant, he was acquitted by the Judicial First Class Magistrate Court-II, Palakkad, as per Annexure A3 judgment. It is further contended by the petitioner that he is physically handicapped, and that the allegations about the cruelty meted out to the de facto complainant are false.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor representing the State of Kerala.
2025:KER:57890
Crl.M.C 5141/2025
4
5. Annexure A3 judgment of the Judicial First Class Magistrate Court II, Palakkad, acquitting the petitioner and the other accused in connection with the offence under Section 498A and 326 IPC read with Section 34 IPC, was in respect of the cruelty meted out to the de facto complainant from 2007 to 2016. The grievance of the de facto complainant in the present crime is that after getting an acquittal in the aforesaid case, the petitioner again started torturing her physically and mentally. The incidents involved in the present case relates to the physical and mental cruelty meted out to the de facto complainant by the petitioner from the year 2017 to 2023. By no stretch of imagination, it could be said that the present case is hit by the principles of autrefois acquittal, since the offence involved is totally different from the earlier offence in which the petitioner and the other accused were acquitted. The statements given by the de facto complainant and the witnesses to the Investigating Officer clearly disclose the commission of crime by the petitioner upon the de facto complainant. The truth or falsity of the above statements are to be decided by the learned Magistrate after a full fledged trial. At any rate, it is not possible for this Court to exercise its inherent powers under Section 528 BNSS, to nip the prosecution in the bud in a case like this.
2025:KER:57890
Crl.M.C 5141/2025
5
Needless to say that the petition filed by the petitioner to quash the proceedings against him, is devoid of merit.
In the result, the petition is hereby dismissed.
Sd/-
G. GIRISH
JUDGE
IAP
2025:KER:57890
Crl.M.C 5141/2025
6
APPENDIX OF CRL.MC 5141/2025
PETITIONER'S ANNEXURES:
Annexure A-1 CERTIFIED COPY OF THE FINAL REPORT NO.
188/2024 DATED 20-06-2024 IN C.C. NO.
752/2024 OF THE JUDICIAL 1ST CLASS MAGISTRATE COURT-II, PALAKKAD Annexure A-2 TRUE COPY OF THE COMPLAINT DATED 06-07-2023 FILED BY THE 2ND PETITIONER BEFORE THE MANKARA POLICE STATION Annexure A-3 TRUE COPY OF THE JUDGMENT DATED 27-11-2017 IN C.C 796/2017 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II PALAKKAD Annexure A-4 TRUE COPY OF THE CERTIFICATE DATED 02.05.2006 ISSUED BY THE MEDICAL BOARD, COIMBATORE MEDICAL COLLEGE HOSPITAL