IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 13TH SEPTEMBER 2010 / 22ND BHADRA 1932 Crl.MC.No. 1304 of 2010(E) -------------------------------------- [CC.NO.723/2009 OF JUDL.MAGISTRATE OF FIRST CLASS COURT, ADOOR] .................... PETITIONER: ------------------- PONNACHAN JOHN, S/O.VARGHESE JOHN, AGED 44 YEARS, MAMVILAYIL, THAZHATHUVADAKKU.P.O, ENATHU VIA, KOLLAM. BY ADV. SRI.S.RAJEEV. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.282/2009 OF ADOOR POLICE STATION). 2. ANJU, AGED 29 YEARS, W/O.PRASAD, ANJALI BHAVAN, PUTHENCHANDA, POTHADIMURI, PERINGANAD VILLAGE. R1 BY PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 13/09/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.1304 of 2010 -------------------------- ORDER Petitioner, the accused in C.C.No.723/2009 on the file of Judicial First Class Magistrate's Court, Adoor, taken cognizance for the offence under Section 354 of Indian Penal Code on Annexure- 2 final report, filed this petition under Section 482 of Code of Criminal Procedure to quash the proceedings contending that there was only a wordy altercation between the petitioner and second respondent and it was subsequently settled and later, at the instance of the second respondent, proceedings were initiated and there is no substance in the allegations and in such circumstances, the case is to be quashed. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. Though notice was served on the second respondent, she did not appear. CRMC 1304/10 2 3. On hearing the learned counsel appearing for the petitioner and on going through the records, I am not inclined to quash the proceedings as sought for when petitioner is entitled to seek an order of discharge from the learned Magistrate under Section 239 of Code of Criminal Procedure. With liberty to raise all the contentions raised herein and seek an order of discharge from the learned Magistrate, this petition is disposed. Petitioner is at liberty to file an application under Section 205 of Code of Criminal Procedure to dispense with his presence for the purpose of seeking an order of discharge and if such an application is filed, learned Magistrate not to insist for the presence of the petitioner. 13th September, 2010 (M.Sasidharan Nambiar, Judge) tkv