The High Court dismissed a petition seeking quashment of criminal proceedings alleging offences under Sections 497 and 498 IPC. The court held that determining whether a relationship was adulterous was a question of fact for the trial court.
Petition for quashing of criminal proceedings under Sections 497 and 498 IPC dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
FRIDAY, THE 13TH DAY OF JULY 2018 / 22ND ASHADHA, 1940
Crl.MC.No. 2880 of 2018
-----------------------------
AGAINST THE ORDER/JUDGMENT IN CC 1336/2015 of J.M.F.C.III,NEYYATTINKARA
PETITIONER(S)/ACCUSED:
PRAVEEN
S/O. PRABHULLAN ASSARY, AGED 35 YEARS, VETTUVILA PUTHEN VEEDU, KAMUKINKUZHI, KOVALAM P.O, THIRUVANANTHAPURAM.
BY ADV.SRI.P.BABU KUMAR
RESPONDENTS:
1. STATE OF KERALA
REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2. AKHILAN ASSARY,
AGED 41 YEARS, S/O. KAMALADHARAN ASSARY, VETTUVILA PUTHEN VEEDU, KAMUKINKUZHI, KOVALAM P.O, THIRUVANANTHAPURAM.
R BY PUBLIC PROSECUTOR SRI.C.S.HRITHWIK (SENIOR)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 1307-2018,THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 2880 of 2018 ()
APPENDIX
PETITIONER(S)' EXHIBITS:
ANNEXURE A TRUE COPY OF THE CERTIFIED COPY OF THE COMPLAINT AND SWORN STATEMENT C.C NO. 1336/2015 FILED BEFORE THE JUDICIAL 1ST CLASS MAGISTRATE COURT - III, NEYYATTINKARA DATED 9.4.2014.
ANNEXURE B PHOTO COPY OF THE OP(HMA) NO. 1336/2012 FILED BY THE WIFE OF THE 2ND RESPONDENT BEFORE THE FAMILY COURT, THIRUVANANTHAPURAM DATED 3.8.2012.
ANNEXURE C TRUE COPY OF THE COMMON JUDGMENT DATED 27.1.2016 IN OP(HMA) NO.1336/2012 AND OP NO. 1831/2012.
ANNEXURE D TRUE COPY OF THE WRITTEN STATEMENT IN OP(HMA) NO. 1336/2012 FILED BY THE 2ND RESPONDENT DTD 31.10.2011.
ANNEXURE E TRUE COPY OF THE DEPOSITION OF THE 2ND RESPONDENT DATED 27.7.2015.
ANNEXURE F TRUE COPY OF THE WRITTEN STATEMENT OF 2ND RESPONDENT IN OP NO. 1831/2012 DATED 6.11.2013.
RESPONDENTS EXHIBITS: NIL
// TRUER COPY//
PA TO JUDGE
K.ABRAHAM MATHEW J.
-------------------------------------------Crl.M.C. NO.2880 of 2018
Dated this the 13th day of July, 2018
ORDER
Petition filed under Section 482 Cr.P.C.
of the JFCM Court-III, Neyyattinkara. He is alleged to have committed the offences under Sections 497 and 498 IPC. Second respondent is the complainant. The allegation is that he had sexual intercourse with the wife of the complainant. The proceedings are sought to be quashed on the ground that the second respondent's case is not believable.
Public Prosecutor.
of the second respondent was only 'brotherly'. Whether the petitioner
Crl.M.C. NO.2880 of 2018 2
committed adultery is a question of fact to be decided at the trial. This court cannot decide such disputed questions of facts in a proceedings under Section 482 Cr.P.C.
In the result, this Crl.M.C is dismissed.
Sd/-
K.ABRAHAM MATHEW JUDGE
pm
2 issues framed by the court
Whether the High Court can decide disputed questions of fact regarding adultery in proceedings under Section 482 Cr.P.C.
Whether the criminal proceedings alleging sexual intercourse with the wife of the complainant should be quashed.
1 provisions across 1 enactments
PRAVEEN
STATE OF KERALA
AKHILAN ASSARY
K.ABRAHAM MATHEW
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
