IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 1ST FEBRUARY 2010 / 12TH MAGHA 1931 Crl.MC.No. 2680 of 2009() ------------------------- CC.155/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT-III, NEYYATTINKARA .................... PETITIONER(S): ACCUSED: ---------------------------------------- 1. MICHEL RAJ, AJANTA HOUSE,PULLUVILA,THIRUVANANTHAPURAM. 2. LUCKOS, AJANTA HOUSE,PULLUVILA,THIRUVANANTHAPURAM. 3. SUSHEELA XAVIOR, AJANTA HOUSE,PULLUVILA,THIRUVANANTHAPURAM. 4. XAVIOUR, AJANTA HOUSE,PULLUVILA,THIRUVANANTHAPURAM. BY ADVS. MR.S.M.PREM, SMT.K.P.SANTHI, MR.P.K.NIJOY, SMT.NISHA G.THARAMAL. RESPONDENT(S): STATE & COMPLAINANT: ----------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. MABEL,DAUGHTER OF REETHA, A.R.BHAVAN,PALLIKETTYA PURAIDOM, PULLUVILA P.O. R1 BY PUBLIC PROSECUTOR MR. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 01/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss P.BHAVADASAN, J. --------------------------- Crl.M.C No.2680 OF 2009 -------------------------------- Dated this the 1st day of February 2010 ----------------------------------------------------- ORDER This is a petition filed under Section 482 Cr.P.C seeking to have Annexure 1 and 2 and all further proceedings in C.C No.155/2007 pending before the Judicial First Class Magistrate Court-III, Neyyattinkara quashed. 2. Petitioners are arrayed as accused in C.C 155/2007 of the Judicial First Class Magistrate Court-III, Neyyattinkara alleging offences punishable under section 498A r/w 34 IPC. 3. The 1st petitioner is the husband of the 2nd respondent and the 2nd petitioner is the father of the 1st petitioner. 3rd petitioner is the sister and 4th petitioner is her husband. 4. Marriage between the 1st petitioner and 2nd respondent was solemnized on 29/01/2001 at St.Theresa Avila Church as per Christian religious rites. After marriage the 1st petitioner got a job and he went abroad. It is stated that after eight months of delivery, the 2nd respondent went to her parents house and thereafter she did not return to the matrimonial house. 2nd respondent refused to live with 1st petitioner. There are Crl.M.C No.2680 OF 2009 Page numbers several litigations between the parties. 1st petitioner would say that the complaint is made without any basis. It is also pointed out that complaint is filed after a long time of the alleged incident and therefore, the proceedings are nothing but waste of time of the court. 5. On going through the complaint and records it is seen that the incidents stated happened between 2001 and 2003. It is seen that the allegations against petitioners 2, 3 and 4 are vague in nature. There is nothing to show that the 1st petitioner misappropriated 2nd respondent's ornaments and money and utilized it for the purpose of petitioners 2 and 3. 6. Therefore, this petition is allowed so far as petitioners 2, 3 and 4 are concerned. Proceedings in C.C No.155/2007 pending before Judicial First Class Magistrate Court- III, Neyyattinkara and all further proceedings against them shall stand quashed. Sd/- P.BHAVADASAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv