Faziludheen vs State Of Kerala
2021 Latest Caselaw 1445 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                      PRESENT

               THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

       THURSDAY, THE 14TH DAY OF JANUARY 2021 / 24TH POUSHA, 1942

                          WP(C).No.23848 OF 2020(E)


PETITIONERS:

       1         FAZILUDHEEN,
                 AGED 61 YEARS
                 RESIDING AT THAHA MANZIL, MULAMOODU, KARIKKUZHI,
                 NEDUMANGADU, THIRUVANANTHAPURAM DISTRICT, PIN 695 541

       2         BUSHARA BEEVI,
                 AGED 52 YEARS
                 W/O. FAZHILUDHEEN, RESIDING AT THAHA MANZIL, MULAMOODU,
                 KARIKKUZHI, NEDUMANGADU, THIRUVANANTHAPURAM DISTRICT,
                 PIN 695 541

                 BY ADVS.
                 SRI.S.JATHIN DAS
                 SMT.S.SOUMYA ISSAC

RESPONDENTS:

       1         STATE OF KERALA
                 REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT,
                 GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001

       2         DIRECTOR GENERAL OF POLICE,
                 POLICE HEADQUARTERS, VELLAYAMBALAM,
                 THIRUVANANTHAPURAM - 695 010

       3         STATION HOUSE OFFICER,
                 NEDUMANGADU POLICE STATION,
                 THIRUVANANTHAPURAM DISTRICT, PIN - 695 541

       4         NUJOOMKHAN,
                 AGED 53 YEARS
                 RESIDING AT BISMI VILLA, MUZHI, PANAVOOR P.O,
                 NEDUMANGADU, THIRUVANANTHAPURAM, PIN - 695 568


                 R4 BY ADV. SRI.LATHEESH SEBASTIAN
                 SRI. P.P.THAJUDEEN, GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.23848 OF 2020              2




                                JUDGMENT

The 1st petitioner herein is the husband of the 2nd petitioner. It is

stated that the 4th respondent herein is the father of the daughter-in-law of

the petitioners. The relationship between their son and his wife has been

remaining strained for quite some time. Numerous litigations are pending

before the Family court. The daughter of the 4th respondent has also lodged

a criminal complaint invoking Section 498A read with Section 34 of the

Indian Penal Code in which case, the son of the petitioners is the accused.

The specific case of the petitioners herein is that the 4th respondent and his

friend are threatening the petitioners. According to the petitioners, they have

nothing to do with the disputes between their son and his wife. They state

that the 4th respondent and some others trespassed into their house and

threatened to harm them. They lodged complaints before the respondents 2

and 3 and the higher authorities seeking intervention. Alleging inaction on

the part of the Police, they have approached this Court seeking protection.

2. The learned Government Pleader has filed a statement wherein,

it is stated that originally a Crime was registered as Crime No.1269 of 2019

of the Nedumangad Police Station against the petitioners herein and their

son on the allegation that the accused had physically and mentally harassed

Smt. Bismikhan, the daughter of the 4th respondent. On investigation, it was

revealed that the petitioners herein had no involvement in the dispute

between husband and wife. Final report was laid before the Judicial First

Class Magistrate Court-II, Nedumangad arraying the husband as the accused

and the case is now pending as C.C. No.1077/2019. It is further stated in the

statement that a detailed enquiry was conducted and it was revealed that

the allegation of threats faced by the petitioners is not true. Though the

petitioners were contacted on numerous occasions by the Police, they have

also not responded.

3. The 4th respondent has filed a detailed statement controverting

each and every contentions raised by the petitioners herein in this writ

petition. It is stated that the daughter of the 4th respondent was brutally

harassed demanding dowry and proceedings are pending before the Court.

According to the 4th respondent, the filing of this writ petition seeking

protection is solely to persuade the 4th respondent and his daughter to

settle the disputes to their disadvantage.

4. I have heard the submissions advanced. From the statement of

the learned Government Pleader, it appears that the petitioners herein have

not been arrayed as the accused in C.C. No.1077/2019. Though it is stated

by the petitioners that they are facing threats, they have not even appeared

before the police when they were summoned on their complaint. The learned

counsel appearing for the 4th respondent has undertaken that the 4th

respondent has no intention to raise any threat or harassment to the

petitioners herein. On the other hand, he asserted that his daughter is intent

on diligently prosecuting the proceedings.

Resultantly, this writ petition is disposed of directing the petitioners to

approach the jurisdictional police, if they face any threat or harassment from

the 4th respondent or his men. The 3rd respondent shall consider the

complaint and if the same is found genuine, necessary actions shall be taken

in accordance with law.

Sd/-

RAJA VIJAYARAGHAVAN V

JUDGE NS

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF MEDICAL CERTIFICATES ISSUED IN FAVOUR OF THE 1ST PETITIONER

EXHIBIT P2 TRUE COPY OF PETITION SUBMITTED BY THE 1ST PETITIONER BEFORE THE CHIEF MINISTER OF KERALA DATED 8-10-2020

EXHIBIT P3 TRUE COPY OF PETITIONER SUBMITTED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT DATED 8-10-2020

EXHIBIT P3A TRUE COPY OF ACKNOWLEDGEMENT RECEIPT ISSUED BY THE OFFICE OF THE 2ND RESPONDENT DATED 28-10-2020

EXHIBIT P3B TRUE COPY OF ACKNOWLEDGEMENT RECEIPT ISSUED BY THE OFFICE OF THE 3RD RESPONDENT DATED 28-10-2020

RESPONDENTS EXHIBITS:

EXHIBIT R4(A) TRUE COPY OF THE CASUALTY TICKET ISSUED FROM DISTRICT HOSPITAL, NEDUMANGAD ON 6.7.2019

EXHIBIT R4(B) TRUE COPY OF THE DIAGNOSIS BY THE AUDIOLOGIST OF KARNIKAAR, HEARING AID CLINIC

EXHIBIT R4(C) TRUE COPY OF THE SETTLEMENT DATED NIL, LEGIBLE COPY

//TRUE COPY//

P.A TO JUDGE