IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 23RD NOVEMBER 2010 / 2ND AGRAHAYANA 1932 Crl.MC.No. 4608 of 2010 ---------------------------------- [CMP.NO.10943/2010 OF JUDICIAL MAGISTRATE OF FIRST CLASS COURT, PARAVOOR, KOLLAM] .................... PETITIONER/RESPONDENT NO.1: ------------------------------------------------ MOHANA KURUP, AGED 51 YEARS, S/O.BALAKRISHNA PILLAI, ERATHU VEEDU, KOTTOORKONAM, PUTHAKULAM. BY ADV. SRI.C.A.CHACKO. RESPONDENTS/STATE AND COMPLAINANT: ---------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SHAMLA BEEVI, AGED 30 YEARS, D/O.MAJILATH BEEVI, SHILAJ BHAVAN, EZHAIPURAM, PARAVOOR P.O., KOLLAM. R1 BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.4608 of 2010 -------------------------- ORDER Petitioner, the first respondent in C.M.P.No. 10943/2010 on the file of Judicial First Class Magistrate's Court, Paravoor, Kollam, a petition filed by the second respondent under Section 12 of Protection of Women from Domestic Violence Act, filed this petition under Section 482 of Code of Criminal Procedure to quash the proceedings contending that Annexure-A1 complaint was filed with ill motive and the child is under the care and protection of the petitioner and second respondent has abandoned him and her attempt is only to make money. Annexure-A2 petition was filed before Family Court, Kollam to appoint petitioner as guardian and it is now pending and in such circumstances, continuation of the proceedings is only an abuse of process of the court. CRMC 4608/10 2 2. Learned counsel appearing for the petitioner was heard. 3. On hearing the learned counsel, I do not find it for this Court to exercise the inherent power to quash Annexure-A1 complaint. Petitioner is entitled to raise all the contentions raised herein before the learned Magistrate and seek appropriate order, in accordance with law. Petition is disposed. 23rd November, 2010 (M.Sasidharan Nambiar, Judge) tkv