IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 22ND SEPTEMBER 2009 / 31ST BHADRA 1931 Crl.MC.No. 2929 of 2009(E) -------------------------------------- [ MC.NO.60/2009 OF JUDL.MAGISTRATE OF FIRST CLASS, KOLENCHERRY] .................... PETITIONER/ RESPONDENT IN THE M.C: ----------------------------------------------------------- MOHANAN, S/O. PADMANABHAN NAIR, AGED 40, AMBRAMADATHIL VEEDU, KUTTA KARA, PUTHEN CRUZ, NOW RESIDING AT ANOOP RESTAURANT,MARADU, THRIPUNITHURA. BY ADV. MR.S.MUHAMMED HANEEFF. RESPONDENTS/STATE & PETITIONERS IN THE M.C: --------------------------------------------------------------------------- 1. GEETHA.P.T., W/O. MOHANAN, AGED 38, PURTHAPARAMBIL HOUSE, PAZHAMTHOTTAM, ERNAKULAM DISTRICT. 2. BINU, AGED 16, S/O. MOHANAN, DO-DO- 3. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY ADV. MR.PAUL K.VARGHESE, R3 BY PUBLIC PROSECUTORMR. AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 22/09/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2929 of 2009 -------------------------- ORDER Petitioner is the respondent in M.C.No.60/2009 on the file of Judicial First Class Magistrate's Court, Kolencherry. First respondent is the petitioner therein. Annexure-A1 petition was filed by the first respondent along with her son, against the petitioner under Section 12 of Protection of Women from Domestic Violence Act claiming reliefs under Sections 18, 19, 20 and 22 of the Act. Under Annexure-A2 dated 1.7.2009, an interim protection order was passed under Section 23 of the Act. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-A1 complaint as well as Annexure-A2 order. 2. Learned counsel appearing for the petitioner and first respondent were heard. 3. Annexure-A2 is an interim protection order passed under Section 23 of the Act. The remedy of CRMC 2929/09 2 the petitioner is to file an appeal. In view of the remedy, he is not entitled to approach this Court under Section 482 of Code of Criminal Procedure. Annexure-A1 complaint is sought to be quashed on the ground that there is no domestic relationship between the parties. The question whether there is domestic violence or not is to be decided by the Magistrate. Petitioner is entitled to raise all the contentions before the Magistrate. Complaint cannot be quashed as sought for. With liberty to raise all the contentions before the Magistrate, the petition is dismissed. 22nd September, 2009 (M.Sasidharan Nambiar, Judge) tkv