IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 20TH JULY 2009 / 29TH ASHADHA 1931 Crl.MC.No. 1038 of 2009() ------------------------- CC.681/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT -I, ALAPPUZHA .................... PETITIONER(S): ACCUSED: ----------------------------------------- SINDHU PARAMESWARAN,D/O.PARAMESWARAN, MALIYEKKAL CHIRA, THATHAMPALLY WARD, ALAPPUZHA BY ADV. MR.S.SANAL KUMAR RESPONDENT(S): COMPLAINANT & STATE: ---------------------------------------------------------------- 1. CHITHARENJAN, S/O.SARASAPPAN, CHIRPPARAMBU, KATTOOR,ALAPPUZHA. 2. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM R2 BY PUBLIC PROSECUTOR MR. B. VINOD THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 20/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.1038 OF 2009 =========================== Dated this the 20th day of July,2009 ORDER Petitioner and first respondent are the wife and husband. Their marriage was solemnised on 31.1.1996. A boy Mirash was born in that wedlock on 12.11.1996. Petitioner got employment as a nurse in United Kingdom and was working there. She later came to India and delivered a child on 12.7.2007 at Sahrudaya Hospital, Alappuzha. First respondent filed Annexure A1 complaint before Judicial First Class Magistrate, Alappuzha alleging that petitioner committed offences under sections 418, 468, 469 and 506(i) of Indian Penal code which was taken cognizance by the learned Magistrate by showing her name as Sindhu Ashraf instead of Sindhu Ranjan and the name of the father of the child as Abdulla Ashraf. This petition is filed under section 482 of Code of Criminal Procedure to quash the proceedings. 2. Though notice was served on the first respondent, he did not appear. 3. Annexure A2 shows that a complaint was earlier Crl.M.C.1038/2009 2 filed by the first respondent with the minor son as second complainant before Chief Judicial Magistrate, Alappuzha impleading petitioner as first accused and Ashraf with whom petitioner was allegedly living as husband and wife, as second accused contending that they committed offence under sections 494, 498 and 376 of Indian Penal Code. Under Annexure A3 order learned Magistrate dismissed the complaint under section 203 of Code of Criminal Procedure on 10.8.2007 finding that there is no evidence to prove that petitioner had married the second accused in that complaint and the only allegation was that petitioner is living with the said second accused as husband and wife and had begotten three children. Case of the first respondent in Annexure A1 complaint is that petitioner being his wife delivered a girl on 12.7.2007 and for the purpose of insulting him first respondent had shown the name of Abdul Ashraf as the father of the child and her name as Sindhu Ashraf and thereby committed the offences under sections 418,468, 469 and 506(i) of the Indian Penal Code. 4. As rightly pointed out by the learned counsel appearing for the petitioner, the case of the petitioner himself in Annexure A2 complaint was that first respondent has been living with the said Ashraf as his wife and in that relationship three children were born. If that be so, Crl.M.C.1038/2009 3 even if first respondent had shown the name of the father of the child so begotten as Abdul Ashraf or showing her name as Sindhu Ashraf, no offence as alleged is committed. The continuance of the criminal proceedings is only an abuse of process of court. Petition is allowed. C.C.No.681/2008 on the file Judicial First Class Magistrate Court-I, Alappuzha is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006