Kerala High Court
Muhammedkutty vs State Of Kerala on 5 August, 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
TUESDAY, THE 5TH DAY OF AUGUST 2025 / 14TH SRAVANA, 1947
CRL.MC NO. 4891 OF 2025
CRIME NO.483/2006 OF PATTAMBI POLICE STATION, PALAKKAD
SC NO.416 OF 2021 OF ADDITIONAL DISTRICT COURT &
SESSIONS COURT-IV, PALAKKAD / III ADDITIONAL MACT, PALAKKAD
PETITIONER/ACCUSED:
MUHAMMEDKUTTY
AGED 53 YEARS
S/O HAMSA, EYYAMMAKKAL HOUSE, VILATHUR, NADUVATTOM,
TIRUVEGAPPURA, PATTAMBI TALUK, PALAKKAD DISTRICT,
PIN - 679304
BY ADVS.
SRI.P.K.MOHANAN(PALAKKAD)
SHRI.THAREEQ ANVER
RESPONDENTS/STATE & DE FACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 SAIDALAVI @ MANU
AGED 74 YEARS
S/O MUHAMMED @ MAMMAD, KUNNUMPURATH HOUSE, (POST)
TIRUVEGAPPURA, PATTAMBI TALUK, PALAKKAD DISTRICT,
PIN - 679304
SRI SUDHEER G., PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 05.08.2025, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
2025:KER:58492
Crl.M.C 4891/2025
2
ORDER
The petitioner is the accused in SC No.416/2021 on the files of
Additional Sessions Court IV, Palakkad. He faces criminal prosecution for
the commission of offences under Sections 498A and 306 IPC read with
Section 34 IPC.
2. The prosecution case is that, after the marriage of the
petitioner with one Fathimath Suhara on 16.09.1999, his mother and sister
subjected the above lady to severe physical and mental cruelty, which the
petitioner supported. It is stated that the above cruelty was perpetrated at
a time when the petitioner was working abroad. It is further alleged that,
at the time when the petitioner came down to his residence, he joined his
mother and sister to subject the above said lady to physical and mental
cruelty. As a result of the alleged persistent cruelty perpetrated upon the
above lady, she committed suicide along with her 4 year old son by jumping
in front of a train on 27.09.2006. Accordingly, the petitioner, his mother
and sister were booked by the Pattambi Police for the commission of
offences under Sections 498A and 306 IPC read with Section 34 IPC. After
the completion of the investigation, the Deputy Superintendent of Police,
Shornur, filed the Final Report against the aforesaid three persons.
2025:KER:58492
3. The accused Nos.2 and 3, who are the mother and sister of the
petitioner herein, faced the trial in SC No.85/2010 on the files of Additional
Sessions Court Fast Track No.II, Palakkad. The case against the petitioner
herein was split up, since his presence could not be procured during trial in
the said case. After a full fledged trial, with the examination of six
witnesses as PW1 to PW6, and marking 16 documents as P1 to P16, the
learned Additional Sessions Judge acquitted the accused Nos.2 and 3 under
Section 235(1) Cr.P.C, with the finding that there was not even an iota of
evidence to connect the accused persons with the offences alleged in the
Crime. Now, in the present petition, the petitioner would contend that the
case pending before the Additional Sessions Court IV, Palakkad, as SC
No.416/2021, against him in connection with the same Crime, is liable to be
quashed in view of the findings of the Additional Sessions Court Fast Track
II, Palakkad, in SC No.85 of 2010.
4. Heard the learned counsel for the petitioner and the learned
Public Prosecutor representing the State of Kerala.
5. Annexure A5 is the judgment dated 03.07.2013 rendered by
the Additional Sessions Judge Fast Track Court II, Palakkad, in SC
No.85/2010. It could be seen from the aforesaid judgment that the three
pivotal witnesses examined by the prosecution as PW2 to PW4 for
2025:KER:58492
establishing the allegations levelled against the accused, turned hostile and
discredited the prosecution story. None of the above witnesses made any
statement before the Trial Court that any of the accused resorted to any
physical and mental cruelty upon the deceased Fathimath Suhara. Even
the suicide note and diary writings were disputed by the above witnesses,
which compelled the prosecution to declare those witnesses as hostile. It is
after evaluating the above facts and circumstances of the case and the
evidence on record, that the learned Additional Sessions Judge came to the
finding that there was not even an iota of evidence to connect the accused
with the crime. It is pertinent to note that, when compared with the nature
of the allegations levelled against the accused Nos.2 and 3, the allegations
against the petitioner herein is of less gravity. Since it is seen that the Trial
Court, after a full fledged trial, has found that there is absolutely nothing on
record to connect the accused Nos.2 and 3 in the Crime with the offence
alleged, it has to be concluded that the entire substratum of the
prosecution case is collapsed. In that view of the matter, the continuance
of prosecution proceedings against the petitioner herein would serve no
purpose. The termination of the prosecution proceedings against the
petitioner is highly necessary to save the precious judicial time and to avoid
the abuse of process of law. Therefore, the prayer of the petitioner to
2025:KER:58492
quash the proceedings against him, has to be allowed.
In the result, the petition stands allowed. The proceedings against
the petitioner (accused) in SC No.416/2021 on the files of Additional
Sessions Court-IV, Palakkad, which arose out of Crime No.483/2006 of
Pattambi Police Station, Palakkad, are hereby quashed.
Sd/-
G.GIRISH
JUDGE
IAP
2025:KER:58492
PETITIONER'S ANNEXURES:
Annexure A1 TRUE COPY OF THE FIR AND FIS IN PATTAMBI
POLICE STATION DATED 27.09.2006 SUBMITTED
BEFORE THE SUB DIVISIONAL MAGISTRATE,
OTTAPALAM
Annexure A2 TRUE COPY OF CASE DIARY CONTAINING THE
MAHASSARS, INQUEST REPORT, POST MORTEM
REPORTS AND STATEMENTS OF THE WITNESSES
RECORDED U/S 161 CR.P.C. IN PATTAMBI POLICE
STATION CRIME NUMBER 483 OF 2006
Annexure A3 CERTIFIED COPY OF THE POLICE CHARGE AND
MEMORANDUM OF EVIDENCE IN PATTAMBI POLICE
Annexure A4 CERTIFIED COPY OF THE DEPOSITIONS OF PW2 TO 4
DATED 11.06.2013 IN S.C.85/2010 ON THE FILES
OF ADDITIONAL DISTRICT AND SESSIONS JUDGE
FAST TRACK COURT NO.II, PALAKKAD
Annexure A5 TRUE COPY OF THE JUDGMENT OF THE PARENT CASE
S.C. 85/2010 DATED 03.07.2013 ON THE FILES OF
THE COURT OF THE ADDITIONAL SESSIONS JUDGE
FAST TRACK COURT N.II, PALAKKAD
