IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 9TH SEPTEMBER 2010 / 18TH BHADRA 1932 Crl.MC.No. 3728 of 2010() ------------------------------ (MC.101/2010 of JUDDICIAL FIRST CLASS MAGISTRATE COURT - 1, HOSDRUG) .................... PETITIONER(S): RESPONDENT NO.1 ------------------------------------------ A.V.PRADEEPKUMAR,S/O.A.K.KRISHNAKUMAR, S/O.A.K.KRISHNA PODUVAL,HIGHER SECONDARY SCHOOL TEACHER,RESIDING AT RAJANI NIVAS,NEAR RAILWAY GATE,CHERUVATHUR(P.O),KASARAGOD DISTRICT. BY ADV. SRI.MAHESH V RAMAKRISHNAN RESPONDENT(S): STATE AND COMPLAINANT ---------------------------------------------------- 1. STATE OF KERALA-REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. 2. SINDHU.C.K,D/O.K.RAGHAVAN NAIR, AGED 28 YEARS,ERAMAM NORTH,(P.O)ERAMAM, KANNUR DISTRICT- 670 307. R1 BY PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SVS/ M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.3728 OF 2010 --------------------------------------------- Dated 9th September, 2010 O R D E R Petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-I complaint filed by second respondent wife under Section 12(1) of Protection of Women from Domestic Violence Act, 2005 contending that learned Magistrate has no jurisdiction to consider the application as the house is not a shared house and second respondent has not been living with the petitioner. 2. All these questions are the matters to be raised before the learned Magistrate. By exercising the extra ordinary inherent powers under Section 482 of Code of Criminal Procedure, the case Crmc 3728/10 2 cannot be quashed as sought for. Petitioner is permitted to raise all the contentions before the learned Magistrate. Petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE. uj.