Kerala High Court
Faisal.S Kabeer vs State Of Kerala on 19 August, 2025
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Crl.M.C No.6862/2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
TUESDAY, THE 19TH DAY OF AUGUST 2025 / 28TH SRAVANA, 1947
CRL.MC NO. 6862 OF 2024
CRIME NO.928/2022 OF Pathanamthitta Police Station,
Pathanamthitta
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.65 OF 2023
OF CHIEF JUDICIAL MAGISTRATE PATHANAMTHITTA
PETITIONER/ACCUSED NOS.1 TO 6:
1 FAISAL.S KABEER
AGED 29 YEARS
S/O KABEER, LABHA VILAYIL HOUSE, ANJAKKALA,
PATHANAMTHITTA DISTRICT, PIN - 689645
2 SAJEEDA BEEVI
AGED 55 YEARS
W/O KABEER, LABHA VILAYIL HOUSE, ANJAKKALA,
PATHANAMTHITTA DISTRICT, PIN - 689645
3 RAMSI
AGED 33 YEARS
D/O KABEER, LABHA VILAYIL HOUSE, ANJAKKALA,
PATHANAMTHITTA DISTRICT, PIN - 689645
4 NOUFAL
AGED 31 YEARS
S/O KABEER, LABHA VILAYIL HOUSE, ANJAKKALA,
PATHANAMTHITTA DISTRICT, PIN - 689645
5 KABEER
AGED 57 YEARS
S/O HASASANKUTTY LABHA VILAYIL HOUSE, ANJAKKALA,
PATHANAMTHITTA DISTRICT, PIN - 689645
6 NIZAM .S
AGED 45 YEARS
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Crl.M.C No.6862/2024
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S/O HAMEED,KEEZHUMALA
PURAYIDAM,KUMBAZHA.P.O.,PATHANAMTHITTA, PIN -
689653
BY ADVS.
SRI.K.SANEESH KUMAR
SMT.V.B.SANTHINI
SMT.RADHIKA RAMACHANDRAN
RESPONDENT/RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 STATION HOUSE OFFICER
PATHANAMTHITTA POLICE STATION, PATHANAMTHITTA
DISTRICT, PIN - 689645
3 SHAHANA.S
AGED 24 YEARS
D/O LATE SHAJI.M, RESIDING AT CHUTTIPPARA VADAKKE
CHARUVIL, ANAPPARA P.O, PATHANAMTHITTA DISTRICT,
PIN - 689645
BY ADVS.
SHRI.SAGITH KUMAR V.
SRI.C.B.SREEKUMAR
SMT.DEVAPRIYA S.
SHRI.SHEFEEK A.
SHRI.PRASHOBH K.V.
SMT.PUSHPALATHA M.K. SR.P.P
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 19.08.2025, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
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Crl.M.C No.6862/2024
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ORDER
The petitioners are the accused Nos.1 to 6 in C.C
No.65/2023 on the files of Chief Judicial Magistrate Court,
Pathanamthitta. The offences alleged against them are under
Sections 324, 323 and 498A read with Section 34 of the Indian
Penal Code, 1860 (IPC).
2. The prosecution case is summarised as follows: The
2nd accused is the mother of the 1 st accused. The accused Nos.3
and 4 are the siblings of the 1 st accused. The 5th accused is the
father of 1st accused and the 6th accused is a close relative of
the 1st accused. The 1st accused/1st petitioner married the
defacto complainant on 28.03.2021 and started life along with
her in his residence. From the first week of the marriage
onwards, the 1st petitioner started physically and mentally
torturing the defacto complainant, demanding more dowry, and
also by saying that she was not good looking. The other
petitioners joined the 1st petitioner in harassing her. On one
occasion, the 1st petitioner tried to push her down into a pit near
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the house at a time when she was pregnant. On another
occasion, he had inflicted blows upon her with an iron rod and
caused injuries. In addition to the above physical assaults, the
1st petitioner persistently subjected her to mental torture
depicting her as a psychic patient. Thus, the petitioners
committed the aforesaid offences.
3. In the present petition, the petitioners would contend
that they are totally innocent, and that they have been falsely
implicated in this case. It is further stated that the allegations
levelled against the petitioners are of general and vague nature,
which are not sufficient to constitute the offences alleged in this
case.
4. Heard the learned counsel for the petitioners, the
learned counsel for the defacto complainant and the learned
Public Prosecutor representing the State of Kerala.
5. On going through the First Information Statement
given by the defacto complainant, as well as the statements of
other witnesses, it is seen that there are specific allegations
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levelled against the 1st petitioner/1st accused with regard to the
matrimonial cruelty meted out to the defacto complainant. The
defacto complainant is said to have been subjected to physical
as well as mental torture by the 1 st petitioner/1st accused.
However, as against the other petitioners, there is only an
omnibus allegation that they also harassed her. It is not made
clear by the defacto complainant in her statement, as to the way
in which the other petitioners resorted to cruelty towards her.
Thus, it has to be stated that the vague and superficial
allegations against the petitioners 2 to 6 are not sufficient to
fasten them with the criminal liability alleged in this case.
Therefore, the prayer of the petitioners 2 to 6 to quash the
proceedings against them, is well founded. However, there is
absolutely no reason to wind-up the prosecution proceedings
against the 1st petitioner/1st accused, since the prosecution
records would clearly point to the offences under Sections 323,
324 and 498A of IPC, attributed against him.
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In the result, the petition stands allowed in part, as follows:
(i) The proceedings against the petitioners 2 to 6
(accused Nos.2 to 6) in C.C No.65/2023 on the files of the Chief
Judicial Magistrate Court, Pathanamthitta, which arose out of
Crime No.928/2022 of Pathanamthitta Police Station, are hereby
quashed.
(ii) It is made clear that there is absolutely no legal
impediment for the Trial Court to proceed against the 1 st
petitioner/1st accused in connection with the offences alleged
against him.
Sd/-G.GIRISH
JUDGE
ma/19.08.2025
/True copy/
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PETITIONER ANNEXURES
Annexure A1 A TRUE COPY OF THE FINAL REPORT IN CRIME
NO.928 SUBMITTED BEFORE THE CHIEF
JUDICIAL MAGISTRATE COURT,
PATHANAMTHITTA DATED 9.5.2023.
Annexure A2 A TRUE COPY OF THE O.P 589/2022 FILED BY
THE 1ST PETITIONER DATED 19.5.2022
BEFORE THE FAMILY COURT, PATHANAMTHITTA
Annexure A3 A TRUE COPY OF THE PETITION SUBMITTED BY
THE 3RD RESPONDENT IN M.C.16 OF 2022
BEFORE THE CHIEF JUDICIAL MAGISTRATE
COURT,PATHANAMTHITTA
Annexure A4 A TRUE COPY OF THE MEDICAL CERTIFICATE
ISSUED TO THE 2ND PETITIONER FROM THE
BELIEVERS CHURCH MEDICAL COLLEGE
HOSPITAL DATED 24.3.2022.
