IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 28TH JANUARY 2010 / 8TH MAGHA 1931 Crl.MC.No. 1923 of 2008() ----------------------------------- CC.245/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II, KANNUR .................... PETITIONER(S):/ACCUSED ------------------------ VIMALA,AGED ABOUT 64 YEARS, W/O.KRISHNADAS,SHREYAS, MOONUNIRATHU,AZHIKODE, KANNUR DISTRICT. BY ADV. MR.P.M.HABEEB RESPONDENT(S): RESPONDENT ------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 28/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P.BHAVADASAN, J. --------------------------- Crl.M.C No.1923 OF 2008 -------------------------------- Dated this the 28th day of January 2010 ----------------------------------------------------- ORDER This is a petition filed under Section 482 Cr.P.C to quash the proceedings evidenced by C.C No.245/2007 before the Judicial First Class Magistrate Court II, Kannur as far as the 4th accused concerned. 2. On going through Annexure A1 complaint, it is found that the 1st accused had married the 2nd accused during the life time of his first wife and committed offence punishable under Section 494 of I.P.C. In the complaint, Smt. K.Beena alleged that the 1st accused married second accused when the legally valid first marriage between the 1st accused and her was in existence. 3. The allegation against the petitioner is that she had aided and abetted the accused Nos.1 and 2 in conducting the marriage. She denies the allegation and maintain she is innocent. As contended the allegation now available contains no details. Conducting the prosecution against the petitioner will be an abuse of process of the court and a waste of time. It is pointed out that that is only a general statement and no specific overt acts are attributed to the petitioners. So no purpose will be served by proceed against her. Crl.M.C No.1923 OF 2008 Page numbers 4. The grievance seem to be genuine. The only allegation against the petitioner is the one already stated. No other allegations are seen reads against the petitioner. 3. Considering the above aspects, this petition is allowed and all further proceedings as against the petitioner, 4th accused in C.C No.245/2007 pending before the Judicial First Class Magistrate Court-II, Kannur shall stand quashed. Sd/- P.BHAVADASAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv