Kerala High Court Refers Parties To Counselling In Pantheerankavu Domestic Violence Case

Rahul and his family have been charged under Sections 324, 498A, 307, and 212 of the IPC. His wife later uploaded a YouTube video stating that the allegations against her husband are false. He has approached the Court to quash the criminal proceedings stating that the matter had been settled between them and that they were ready to live together.

Justice A. Badharudeen ordered that no coercive steps will be taken against the petitioners till the next posting date. It held,

“Going by the allegations, the allegations are serious but the same shall not stand in the way when a husband and wife decide to live together. Since there are allegations of prosecution that the victims statement supporting the settlement is under pressure, I am inclined to refer the parties to counselling through KeLSA. Therefore, parties are directed to referred to KeLSA with a direction to the member secretary KeLSA to have counselling of both parties by a competent counselor by next week and filed a report in sealed cover for perusal of the Court.”

Both Rahul and the de facto complainant appeared in person before the Court today. The parties submitted that the case pertains to some domestic incidents normally happening in married life and that they intend to live together.

The Public Prosecutor submitted that Rahul did not cooperate with the investigation and that he went absconding. He also referred to the affidavit filed by ACP of Kozhikode's Feroke Sub division to apprise the Court about the seriousness of the allegations. He also submitted that medical evidence proves that serious injuries were inflicted upon the de facto complainant and that she might have agreed for settlement due to coercion. The Public Prosecutor also submitted that he would not stand in the way of the parties if they wanted to really live together.

The Court stated that it would refer the parties for counselling, and a decision would be made based on the counselling report. The Court orally remarked,

“Nowadays, there are collapse of marriage in plenty. Many marriages are being dissolved, this is the social set up now prevails. And there may be allegations, and some seem serious. Ultimately they might decide to go and live together, why we coerce and prosecution stand in the way of their reunion and their peaceful living thereafter should be curtailed forever.... I don't think it can be done legally, morally and also to keep the equilibrium of the society in general.”

The matter has been posted to August 21.

Case Title: Rahul P.Gopal V State Of Kerala

Case Number: Crl.MC 5187/ 2024