IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 2ND FEBRUARY 2010 / 13TH MAGHA 1931 Crl.MC.No. 3504 of 2009() ------------------------- CC.701/2008 of JUDL.MAGISTRATE OF FIRST CLASS, MAVELIKKARA .................... PETITIONER(S): 2ND ACCUSED -------------------------- SABU KOSHY PHILIP, AGED 39 YEARS,KOCHUPRAMBIL HOUSE, KUTTAPPUZHA P.O.,THIRUVALLA, PATHANAMTHITTA DISTRICT. BY ADV. SRI.RENEE OONNITTAN RESPONDENT(S): DEFACTO COMPLAINANT ---------------------------------- 1. SOFIA J., AGED 29 YEARS,VALLAYATHU THARAYIL, KOMALLOOR MURI,CHUNAKKARA VILLAGE, MAVELIKKARA TALUK,ALAPPUZHA DISTRICT. 2. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR MR.S U NAZAR SRI.A.SHAFEEK (KAYAMKULAM) FOR R1 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 02/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.BHAVADASAN, J. ------------------------------------- Cr. MC No.3504 of 2009-C ------------------------------------- Dated 2nd February 2010 Order This is a petition filed under S.482 of the Code of Criminal Procedure, seeking to have Annexures A1 and A2 pending before the JFCM Court, Mavelikkara, quashed. 2. The petitioner is the second accused in CC No.701/08 on the file of the JFCM Court, Mavelikkara for having committed the offences punishable under Ss.498A and 323 r/w S.34 IPC. The first accused is the younger brother of the petitioner and the third accused is his mother. The proceedings originated on private complaint, which was referred for investigation under S.156(3) Cr.P.C. The Police, after investigation, filed final report, the cognizance of which was taken by the JFCM Court, Mavelikkara. 3. The marriage between the first respondent and the first accused was solemnized on 21.10.2002. The allegation against the accused is that subsequent to the CRMC 3504/09 2 marriage, there was persistent demand for dowry of Rs.2 lakhs more, which could not be met by the parents of the first respondent. There was physical harassment also. The petitioner submits that the first respondent/complainant had earlier filed an application under S.12 of the Protection of Women from Domestic Violence Act, 2005 before the JFCM Court-III, Mavelikkara. But that application was dismissed by the said Court, it is submitted. That by itself cannot be a ground to interfere with the present proceedings. From the records, it is felt that there is no prima facie case against the petitioner herein. Whether the Prosecution will be able to succeed in the case against the accused, is a different matter. But, on the allegations, it could not be said that no offence is made out against the petitioner. In the facts and circumstances of the case, there is no justification in interfering with the proceedings now. This petition is devoid of any merit and it is accordingly dismissed. P.BHAVADASAN, JUDGE sta CRMC 3504/09 3 CRMC 3504/09 4