Kerala High Court
Abdul Rahiman B K vs State Of Kerala on 30 July, 2025
2025:KER:56470
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
WEDNESDAY, THE 30TH DAY OF JULY 2025 / 8TH SRAVANA, 1947
CRL.MC NO.9367 OF 2022
CRIME NO.444/2021 OF HOSDURG POLICE STATION, KASARAGOD
PETITIONER/ACCUSED:
ABDUL RAHIMAN B K
AGED 38 YEARS, S/O LATE ABBAS HAJI,
RIFAHIYA MANZIL, ILYAS NAGAR, BEKAL,
PALLIKKARA, KASARGODE DISTRICT, PIN - 671 316
BY ADVS.
SRI.MANSOOR ALI
SRI.BIJITH S.KHAN
SHRI.MUHAMMED SUHAIL P.A.
RESPONDENTS:
1 STATE OF KERALA
THROUGH THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031
2 AMEERA K
AGED 28 YEARS, D/O HAMEED,
MOOLAKANDAM HOUSE, AJANUR VILLAGE,
AJANUR P.O., KASARGODE DISTRICT, PIN - 671 531
BY ADV.
SRI SUDHEER G., PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 30.07.2025, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
2025:KER:56470
Crl.M.C. No.9367 of 2022
-2-
G. GIRISH, J.
-----------------------------
Crl.M.C. No.9367 of 2022
------------------------------------
Dated this the 30th day of July, 2025
ORDER
The petitioner is the accused in C.C.No.977 of 2021 on the files of the Judicial First Class Magistrate Court - I, Hosdurg. The offences alleged against him are under Sections 498A, 447, 323 and 406 of the IPC. The prosecution case is that on 31.05.2021, at about 1.30 pm, the petitioner criminally trespassed into the house of the defacto complainant, who was his former wife, and inflicted voluntary hurt upon the defacto complainant and her mother, and attempted to forcefully take away the child from their custody. It is also alleged that certain gold ornaments and other gifts, which the defacto complainant received at the time of her marriage with the petitioner, were whisked away by the petitioner in a deceitful manner.
2. In the present petition, the petitioner would contend that he is totally innocent, and that he has been falsely implicated in this case.
2025:KER:56470 Crl.M.C. No.9367 of 2022 -3-
3. Heard the learned counsel for the petitioner and the learned Public Prosecutor representing the State of Kerala.
4. The learned counsel for the petitioner, by relying on Annexure A6 - agreement, submitted that all the issues between the petitioner and the defacto complainant were settled by way of the aforesaid agreement executed on 19.03.2021, and that as per the terms and conditions of the aforesaid agreement, the petitioner has to take care of the child. Thus, it is argued that the allegation in the First Information Statement that the petitioner tried to forcefully take away the child from the custody of the defacto complainant itself is utter falsehood. It is further contended that the grievance of the defacto complainant about the petitioner taking away her gold ornaments and other gifts, is also false in view of Annexure A6 - agreement, wherein it is stated that all claims relating to the property between the parties have been resolved, with the petitioner executing a document transferring his 61/2 cents of land, in favour of the defacto complainant. The learned counsel for the petitioner would further argue that there is absolutely no basis for the allegation of commission of the offence under Section 498A IPC, 2025:KER:56470 Crl.M.C. No.9367 of 2022 -4- since the marital relationship between the petitioner and the defacto complainant was not subsisting at that time.
5. It is true that Annexure A6 - agreement contains the terms and conditions, as per which the matrimonial issues between the petitioner and the defacto complainant have been amicably settled. It is also true that the aforesaid agreement contains the stipulation that it is for the petitioner to take care of the child, and that the defacto complainant has only visitorial rights to mingle with her child. But, at the same time, it is pertinent to note that the incident involved in this case is said to have happened after about two months from the date of execution of Annexure A6 - agreement. The allegation in the complaint also pertains to criminal trespass into the house of the defacto complainant and inflicting voluntary hurt upon the defacto complainant and her mother. As rightly submitted by the learned counsel for the petitioner, after the dissolution of the marriage between the petitioner and the defacto complainant, and the full and final settlement arrived at by the execution of Annexure A6 - agreement with regard to the property disputes between them, it is not possible to say that the offences 2025:KER:56470 Crl.M.C. No.9367 of 2022 -5- under Sections 498A and 406 of the IPC are attracted in the facts and circumstances of the case. However, this Court, in a proceedings under Section 482 of the Cr.P.C, cannot sit on judgment upon the acceptability of the evidence garnered by the Investigating Agency in connection with the alleged criminal trespass committed by the petitioner upon the house of the defacto complainant, and the alleged act of inflicting voluntary hurt upon the defacto complainant and her mother. The truth or falsity of those allegations are to be decided by the learned Magistrate after a full trial. Therefore, the prayer of the petitioner to quash the proceedings pending against him in its entirety, cannot be allowed. However, the contention of the petitioner that the offences under Sections 498A and 406 of the IPC are not attracted in the case on hand, deserves meritorious consideration.
6. In the result, the petition stands allowed in part as follows :
The offences under Sections 498A and 406 of the IPC incorporated in the Final Report filed in Crime No.444 of 2021 of the Hosdurg Police Station, Kasaragod, are hereby quashed. The Judicial 2025:KER:56470 Crl.M.C. No.9367 of 2022 -6- First Class Magistrate Court - I, Hosdurg, after careful examination of all the facts and circumstances of the case, in the context of relevant records, including Annexures A6 and A7 - documents, shall decide whether the charge has to be framed, or particulars of offence are to be read over, in respect of the offences under Sections 447 and 323 of the IPC, alleged against the petitioner.
Sd/-
G. GIRISH
JUDGE
ded/30.07.2025
2025:KER:56470
Crl.M.C. No.9367 of 2022
-7-
APPENDIX OF CRL.MC 9367/2022
PETITIONER ANNEXURES
Annexure A1 THE CERTIFIED COPY OF THE NO:444/2021 OF
HOSDURG POLICE STATION IN KASARGODE DISTRICT DATED 05.06.2021 Annexure A2 THE CERTIFIED COPY OF FINAL REPORT & WOUND CERTIFICATES CC 977/2021 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-1, HOSDURG Annexure A3 THE TRUE COPY OF THE ORDER IN CRL.MC NO 3177/2015 DATED 2.06.2015 Annexure A4 TRUE COPY OF THE COMMUNICATION DATED 31.07.2018 Annexure A5 THE TRUE COPY OF THE MEMORANDUM FILED BY THE 2ND RESPONDENT IN M.C 286/2018 BEFORE HON,BLE JUDICIAL FIRST CLASS MAGISTRATE COURT-1 HOSDURG DATED 12.12.2018 Annexure A6 TRUE COPY OF THE AGREEMENT ENTERED BETWEEN PETITIONER AND 2ND RESPONDENT DATED 19.03.2021 Annexure A7 TRUE COPY OF THE DEED DATED 30.03.2021 Annexure A8 THE TRUE COPY OF THE ORDER IN M.C 286/2018 FILED BY THE 2ND RESPONDENT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-1 HOUSDURG DATED 08.10.2021