IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 19TH JANUARY 2010 / 29TH POUSHA 1931 Crl.MC.No. 4165 of 2009() ------------------------------------ CRIME NO.984/2009 OF TIRUR POLICE STATION. ............. PETITIONER/ACCUSED NO.1 ------------------------------------------ SUMESH, AGED 23, S/O.SUKUMARAN, VELLATHUMKULANGARA, ASANPADI, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. MR.THIYYANNOOR RAMAKRISHNAN, MR.ARUN KUMAR.P. RESPONDENT(S): ------------------------- 1. STATE OF KERALA REPRESENTED BY THE S.I. OF POLICE, TIRUR POLICE STATION, REP. BY PUBLIC PROSECUTOR. 2. SMT.SULFATH K.P., AGED ABOUT 19 D/O.YOUSEFF, KUPPANTE PURAKKAL HOUSE, KUTTAYI (P.O)., TIRUR TALUK, MALAPPURAM DISTRICT. R1 BY PUBLIC PROSECUTOR MR.P.A. SALIM. R2 BY ADV. MR.PRAMOD KOCHUTHOMMEN.E. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 4165 OF 2009 =========================== Dated this the 19th day of January,2010 ORDER Second respondent appeared in person, though Crl.M.C. is not even admitted and there was no notice to the second respondent much less any direction to appear before the court. When second respondent was questioned, it is disclosed that she is now residing with one of her friends, who is allegedly to be her classmate and had come to the court along with her brother. When that brother by name Udayan was questioned, it is revealed that he is not the brother of the classmate of the second respondent but the brother of the mother of the classmate. Though second respondent claims that she is not on good terms with her husband as well as her own parents and is residing with Priya, the classmate, I find that it is not in Crl.M.C.4165/2009 2 the interest of justice to quash the F.I.R as sought for by the accused, on the basis of the affidavit filed by second respondent that she had gone on her volition. Second respondent is married and her husband is in abroad. In the ordinary course even if there is any matrimonial dispute, she is expected to go to her parental home and not to the house of a friend. On the facts and circumstances, this is not a case to thwart the investigation at the initial stage in exercise of the extra ordinary jurisdiction under section 482 of Code of the Criminal Procedure. It is for the police to investigate the case fairly and properly. Petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006