IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 26TH MAY 2008 / 5TH JYAISHTA 1930 WP(C).No. 15486 of 2008(R) -------------------------- PETITIONER: ] ------------- 1. GOWRIKUTTY, W/O.SUDHAKARAN NAIR,AGED 55 VISHNAVAM HOUSE,ERUMELI KARA, KUMARAPURAM BHAGOM, KOZHAKAMBALAM, KUMARAPURAM PO., KUNNATHUNADU TALUK 2. VIJAYAN, S/O.SUDHAKARAN NAIR,AGED 27, VISHAVAM HOUSE, ERUMELI KARA, KUMARAPURAM BHAGOM, KIZHAKAMBALAM, KUMARAPURAM PO., KUNNATHUNADU TALUK BY ADV. SMT.SANTHAMMA ISSAC RESPONDENTS: ------------- 1. STATE OF KERALA,REP. BY DIRECTOR OF PROSECUTION,HIGH COURT OF KERALA, ERNAKULAM. 2. ASGA AJAYAKUMAR, D/O.RAVEENDRAN PILLAI, AGED 24, ASHA NIVAS, NEAR SASTHA TEMPLE. PERUMBAVOOR PO., KUNNATHUNADU TALUK. 3. AJAYAKUMAR NAIR, S/O.SUDHAKARAN NAIR, AGED 31, VISHNAVAM HOUSE,ERUMELI KARA, KUMARAPURAM BHAGOM,KIZHAKAMBALAM, KUMARAPURAM PO., KUNNATHUNADU TALUK. 4. RUGMINI AMMA, W/O.SANKARAN NAIR, AGED 55, CHALILHOUSE, ERUMELI KARA, KUMARAPURAM KIZHAKAMBALAM, KUMARAPURAM PO., KUNNATHUNADU TALUK BY GOVERNMENT PLEADER SRI.GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT, J ------------------------------------ W.P(C). No.15486 of 2008 ------------------------------------- Dated this the 26th day of May, 2008 JUDGMENT Petitioners are the mother in law and the brother in law of the 2nd respondent who is married to the 3rd respondent and who has initiated proceedings under Section 498 A I.P.C (Ext.P1) and under the Protection of Women from Domestic Violence Act, 2005 (Ext.P3). The 2nd petitioner is one of the accused shown in Ext.P1. Both are shown as respondents in Ext.P3 petition filed under the Protection of Women from Domestic Violence Act, 2005. 2. First of all it is contended that the allegations raised under Section 498 A I.P.C in Ext.P1 are false and therefore the proceedings are liable to be quashed. At this early stage and with the available inputs it would be impossible for this Court to come to a conclusion that the allegations are false. At any rate, Ext.P1 F.I.R cannot be quashed accepting the contentions of the petitioner that the allegations are false. Police are entitled to conduct an investigation to ascertain whether the allegations are true or false. Jurisdiction and responsibility of the police to investigate into the acceptability of the allegations raised in W.P(C). No.15486 of 2008 2 Ext.P1 cannot be taken away by passing any order under Section 482 Cr.P.C in the facts and circumstances of the case. 3. So far as Ext.P3 is concerned, I find the allegations raised do certainly attract action under the provisions of the Protection of Women from Domestic Violence Act, 2005. I am now unable to find any circumstances which can justify the contention that proceedings under the said Act cannot be initiated against the petitioners. The petitioners must appear before the learned Magistrate and raise all their contentions in advance against the proceedings initiated under the Protection of Women from Domestic Violence Act, 2005. 4. The learned counsel for the petitioners finally submits that a short stay may be granted and the court and the authorities may be directed to attempt a harmonious settlement of the disputes between the parties. The petitioners can make that request before the courts/authorities concerned and I have no hesitation to agree with the learned counsel for the petitioners that in the facts and circumstances of this case harmonious settlement of the matrimonial disputes between the spouses must be attempted. W.P(C). No.15486 of 2008 3 5. This Writ Petition is dismissed with the above observations. (R.BASANT, JUDGE) rtr/-