Kerala High Court
Nahith Siraj vs State Of Kerala on 12 November, 2025
Crl.M.C.2290/2024
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2025:KER:86563
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
WEDNESDAY, THE 12TH DAY OF NOVEMBER 2025 / 21ST KARTHIKA, 1947
CRL.MC NO. 2290 OF 2024
CRIME NO.256/2024 OF ATTINGAL POLICE STATION,
THIRUVANANTHAPURAM
FIR NO.256 OF 2024 OF JUDICIAL MAGISTRATE OF FIRST CLASS-I,
ATTINGAL
PETITIONERS/ACCUSED:
1 NAHITH SIRAJ
AGED 32 YEARS, S/O SIRAJ ZAINULABDEEN,
SIRAJ BHAVAN,JAMEELA RUBBER ESTATE, ELAMPAP.O,
VALAKKADU,ATTINGAL,TRIVANDRUM,PIN - 695103
2 TIFFANI SIRAJ
AGED 53 YEARS, W/O SIRAJ ZAINULABDEEN,
SIRAJ BHAVAN, JAMEELA RUBBER ESTATE, ELAMPA P.O,
VALAKKADU, ATTINGAL,TRIVANDRUM, PIN - 695103
3 SIRAJ ZAINULABDEEN
AGED 60 YEARS, S/O T.A.ZAINULABDEEN,
SIRAJ BHAVAN, JAMEELA RUBBER ESTATE, ELAMPA P.O,
VALAKKADU,ATTINGAL,TRIVANDRUM, PIN - 695103
BY ADV SMT.JULIA PRIYA RESHMY
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 STATION HOUSE OFFICER
ATTINGAL POLICE STATION TRIVANDRUM RURAL,
TRIVANDRUM, PIN - 695101
3 SHAHINA K.P
D/O K.P.BASHEER, K.P.HOUSE, PAYYANADUPADAM,
NALLALAM P.O, NALLALAM, KOZHIKODE, PIN - 673027
OTHER PRESENT:
PUBLIC PROSECUTOR-SRI.U.JAYAKRISHNAN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
12.11.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.2290/2024
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2025:KER:86563
ORDER
Dated this the 12th day of November, 2025 Petitioners are the accused persons 1 to 3 in Crime No.256/2024 of Attingal Police Station, which is now pending as CC. No.610/2024 before the Judicial First Class Magistrate Court-I, Attingal. The offence alleged against the petitioners are under Section498A IPC.
2. The prosecution case is that the 1 st accused being the husband of the defacto complainant and other accused being his relatives, subjected the defacto complainant to cruelty demanding more dowry and thereby they alleged to have committed the aforesaid offence.
3. According to the learned counsel for the petitioners, this is a false case foisted against them after the 1st petitioner divorced the defacto complainant. Therefore, she prayed for quashing all further proceedings against the petitioners.
4. The petition was strongly opposed by the learned Public Prosecutor.
5. On a perusal of Annexure-2 FI statement, it can be seen that the said statement was given to the police only on 9.2.2024. On the other hand from Annexures - 4, 9 and 11, it can be seen that the 1st petitioner pronounced 1st talaq on 7.12.2023, the second on 6.1.2024 and the 3 rd and final on 5.2.2024. That means, Annexure-2 complaint was given after the pronouncement of talaq by the 1st petitioner.
Crl.M.C.2290/20243
2025:KER:86563
6. It is true that in Annexure-2 FI statement, the only specified overtact against the petitioners is on 14.11.2023 before the date of talaq. However, as argued by the learned counsel for the petitioners, the above date 14.11.2023 is seen subsequently added using ink while the remaining statement is a computer print. All other allegations in the FI statement are general and vague and not specific in nature.
7. Though notice was served on the defacto complainant/3rd respondent, she did not turn up. Since the only allegation against the petitioners is that they have subjected the defacto complainant to mental cruelty and that Annexure-2 FI statement is given only after the 1st petitioner pronounced talaq, there is every reason to believe that the above statement was given in retaliation to the talaq pronounced by the 1st accused and as such the continuation of the proceedings against the petitioners is only an abuse of the process of the court. Therefore, I am inclined to allow this Crl. M.C by quashing all further proceedings against the petitioners.
8. In the result, this Crl. M.C is allowed. All further proceedings against the petitioners in CC. No.610/2024 before the Judicial First Class Magistrate Court-I, Attingal. arising from Crime No.256/2024 of Attingal Police Station, stands quashed under section 482 of the Code of Criminal Procedure.
Sd/-
C. PRATHEEP KUMAR, JUDGE sou.
Crl.M.C.2290/20244
2025:KER:86563 APPENDIX OF CRL.MC 2290/2024 PETITIONER ANNEXURES Annexure 1 THE CERTIFIED COPY OF THE FIR IN CRIME 256/24 DATED 9.2.2024 Annexure 2 THE CERTIFIED COPY OF THE FIS IN CRIME 256/24 DATED 9.2.2024 Annexure 3 THE TRUE COPY OF THE FIRST TALAQ NOTICE DATED 7.12.2023 Annexure 4 THE TRUE COPY OF THE FIRST TALAQ NAMA DATED 7.12.2023 Annexure 5 THE TRUE COPY OF THE ORDER DATED 10.1.2024 IN B.A.NO 11225/2023 Annexure 6 THE TRUE COPY OF THE PETITION IN MC 143/23 DATED 22.12.2023 BEFORE THE J.F.C.M-V, CALICUT Annexure 7 THE TRUE COPY OF THE BAIL ORDER DATED 29.1.24 IN B.A.NO 331/24 Annexure 8 THE TRUE COPY OF THE SECOND TALAQ NOTICE DATED 6.1.24 Annexure 9 THE TRUE COPY OF THE SECOND TALAQ NAMA DATED 6.1.24 Annexure 10 THE TRUE COPY OF THE THIRD TALAQ NOTICE DATED 5.2.24 Annexure 11 THE TRUE COPY OF THE THIRD TALAQ NAMA DATED 5.2.24 Annexure 12 THE TRUE COPY OF THE PETITION DATED 9.2.24 BEFORE THE SHO,ATTINGAL POLICE STATION Annexure 13 THE TRUE COPY OF THE PLAINT IN O.S. 120/24 OF THE MUNSIFF COURT AT ATTINGAL Annexure 14 THE TRUE COPY OF THE COMMISSION APPLICATION NUMBERED AS I.A. 2/24 IN O.S.120/24 PENDING BEFORE THE MUNSIFF COURT AT ATTINGAL Annexure A16 CERTIFIED COPY OF THE FINAL REPORT DATED 11.6.2024 SUBMITTED IN CC NO 610/2024 PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-1, ATTINGAL Annexure A17 TRUE COPY OF JUDGMENT DATED 11-04-2024 IN O.P. NO. 2096 OF 2023 ON THE FILE OF THE FAMILY COURT KOZHIKODE Annexure A18 TRUE COPY OF JUDGMENT DATED 11-04-2024 IN O.P. NO. 2184 OF 2023 ON THE FILE OF THE FAMILY COURT KOZHIKODE