IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 14TH FEBRUARY 2008 / 25TH MAGHA 1929 Crl.MC.No. 655 of 2008() ------------------------ CC.567/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT-III, NEYYATTINKARA .................... PETITIONER: ACCUSED: -------------------- 1. KRISHNAN ASARI, S/O.PARAMESWARAN, KAMALA BHAVAN, VELLAR, KOVALAM P.O., VENGANOOR, TRIVANDRUM. 2. KAMALA KUMARI, W/O.KRISHNANASHARI, KAMALA BHAVAN, VELLAR, VENGANOOR VILLAGE, TRIVANDRUM. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENTS: DEFACTO COMPLAINANT AND STATE: ------------------------------------------- 1. RADHIKA, D/O.LEELA, NIKITHA BHAVAN, VELLAR, KOVALAM P.O., TRIVANDRUM. 2. SUB-INSPECTOR OF POLICE, KOVALAM POLICE STATION, TRIVANDRUM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. NO. 655 of 2008 * * * * * * * * * * * * * * * * * * Dated: 14-02-2008 ORDER Petitioners who are accused Nos. 1 and 2 in Crime No. 84 of 2007 of Kovalam Police Station for offences punishable under Sections 341, 294 (b), 323 and 354 read with Sec. 34 I.P.C seek to quash Annexure VI F.I.R and Annexure VIII final report in the case. There is a connected case also registered at the instance of the first petitioner as Crime No. 83 of 2007 for an offence punishable under Section 294 (b) I.P.C. Annexure VII is the F.I.R in that case. 2. It is too early to hold that the F.I.R as well as the final report do not make out any of the offences as alleged. The petitioner has a contention that this is an aftermath of a civil dispute pending between the parties. The proper course of action for the petitioners would be to plead for a discharge before the J.F.C.M. -III, Neyyattinkara, where the case is pending as C.C. 567 of 2007. Accordingly, if the petitioners who are Crl.M.C. NO. 655 of 2008 -:2:- husband and wife file an application for a discharge within three weeks from today, the same shall be considered and disposed of in absentia without insisting on the personal appearance of the petitioners for the disposal of the said discharge petition. V. RAMKUMAR, (JUDGE) ani.