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
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
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
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
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
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
