IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 10TH DECEMBER 2009 / 19TH AGRAHAYANA 1931 Crl.MC.No. 3783 of 2009() --------------------------------------- (CR.NO.3/09 OF MAVOOR POLICE STATION) PETITIONER(S): ACCUSED 2, 3 AND 4: --------------------------------------------------------- 1. SHEEBA , W/O.JAYARAMAN, 'SHANTHINI' , CHERUKULATHOOR PO., PARIYANGAD,KOZHIKODE. 2. K.MADHAVAN NAIR, RESIDING DO.. 3. SANTHAKUMARI, W/O.MADHAVAN NAIR, RESIDING DO.. BY ADV. MR.K.PRAVEEN KUMAR RESPONDENT(S): COMPLAINANT/STATE: -------------------------------------------------------------- 1. BINDU.S, D/O.SYAMALA G PILLAI, SHYAM KRISHNA HOUSE, KAITHARAM PO., NORTH PARAVOOR. 2. SUB INSPECTOR OF POLICE MAVOOR POLICE STATION. 3. STATE REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 & R3 BY PUBLIC PROSECUTOR MR. P.A. SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 3783 OF 2009 =========================== Dated this the 10th day of December,2009 ORDER Petitioners are accused 2, 3 and 4 in C.C.101/2009 on the file of Judicial First Class Magistrate Court, Kunnamkulam taken cognizance for the offence under section 498A read with section 34 of Indian Penal code. First petitioner is the sister and petitioners 2 and 3 are her parents. First accused is the brother of the first petitioner and first respondent is the wife of the first accused. Prosecution case is that first accused married first respondent on 21.6.1992 at Azhakodi Devi temple, Kozhikode and since then they have been living as husband and wife and while so in furtherance of the common intention demanded dowry in addition to the ornaments and the amount paid at the time of marriage and petitioners were treating her with cruelty and thereby committed the offence. This petition is filed under section 482 of the Code of Criminal Procedure to quash Annexure II final report as well as the cognizance taken contending that first respondent is a native of Ernakulam and got employment Crl.M.C.3783/2009 2 at Ernakulam and left Kozhikode and was not prepared to continue the relationship with the first accused and inspite of Annexure IV notice sent by the first accused calling her for restitution of conjugal rights, she was not prepared to reside with him and thereafter the complaint was falsely lodged and in such circumstances, it is to be quashed. 2. Learned counsel appearing for the petitioners and learned Public Prosecutor were heard. 3. On hearing the learned counsel, I find no reason to quash the final report or the cognizance taken as canvassed by the learned counsel appearing for the petitioners. Petitioners are entitled to raise all the contentions before the learned Magistrate and seek an order of discharge under section 239 of Code of Criminal Procedure. By granting liberty to the petitioners to seek an order of discharge under section 239 of Code of Criminal Procedure, petition is disposed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006