IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 15TH JUNE 2011 / 25TH JYAISHTA 1933 Crl.MC.No. 1428 of 2011() ------------------------------------- CMP.11198/2010 of JUDL.MAGISTRATE OF FIRST CLASS-II, CHERTHALA CRIME NO.17/2011 OF POOCHAKKAL POLICE STATION, ALAPPUZHA DISTRICT O.P.NO.1111/2010 OF FAMILY COURT, ALAPPUZHA .................... PETITIONER(S): ACCUSED ---------------------------------------- SURENDRAN.V.P,S/O.PADMANABHAN,AGED 58 YEARS,VIJAYA NIVAS,WARD NO.13,PANAVALLY VILLAGE PANCHAYATH, ULAVAIPPU.P.O,CHERTHALA TALUK, ALAPPUZHA DISTRICT-688 526. BY ADV. DR.V.N.SANKARJEE RESPONDENT(S): COMPLAINANT AND STATE ------------------------------------------------------------------- 1. VIJAYAMMA.P.A,W/O.SURENDRAN,AGED 48 YRS, VIJAYA NIVAS,PANAVALLY PANCHAYATH WARD 13, ULAVAIPPU.P.O,CHERTHALA,PRESENTLY RESIDING AT GOKULAM HOUSE,(MANGALATHU HOUSE),SREEKANDA MANGALAM,MUTTATHUPARAMBU.P.O,THANNEERMUKKAM NORTH VILLAGE,CHERTHALA TALUK, ALAPPUZHA-688 527. 2. THE STATE OF KERALA,REPRESENTED BY THE SUB INSPECTOR OF POLICE,POOCHAKKAL POLICE STATION, THROUGH THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. R2 BY PUBLIC PROSCECUTOR SRI.V.MANU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts CRMC.NO.1428/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A1: COPY OF THE COMPLAINT DATED 21/12/2010 FILED BY THE 1ST RESPONDENT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, CHERTHALA.(C.M.P.NO.11198/10) ANNEXURE A2: COPY OF THE O.P.NO.1111/2010 INSTITUTED BY THE PETITIONER BEFORE THE FAMILY COURT, ALAPPUZHA. ANNEXURE A3: COPY OF THE I.A.NO.2916/2010 FILED BY THE PETITIONER IN ANNEXURE A2. ANNEXURE A4: COPY OF THE ORDER DATED 20/10/2010 PASSEDBY THE FAMILY COURT, ALAPPUZHA IN I.A.NO.2926/2010 IN O.P.NO.1111/2010. ANNEXURE A5: COPY OF THE ORDER DATED 24/11/2010 PASSED BY THE FAMILY COURT, ALAPPUZHA IN O.P.NO.1111/2010 RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.S.TO.JUDGE sts THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.1428 of 2011 -------------------------------------- Dated this the 15th day of June, 2011. ORDER Petitioner is accused in Crime No.17 of 2011 of Poochakkal Police Station for offence punishable under Section 498A of the Indian Penal Code (for short, “the IPC”). That case was registered on a complaint given by the first respondent, wife of petitioner alleging that she was subjected to physical and mental cruelty demanding more dowry. Petitioner wants the FIR to be quashed. Learned counsel submitted that allegations are false and that the complaint is only a counter blast to the suit filed in the Family Court seeking declaration over a property he had purchased in the name of the first respondent and the interim order passed by the Family Court in that case. According to the learned counsel, allegations are not sufficient to attract offence punishable under Section 498A of the IPC. 2. Learned Public Prosecutor submitted that Police has already filed final report in the court of learned Judicial First Class Magistrate-II, Cherthala on 31.03.2011. Having regard to the circumstances of the case I am not inclined to think that this Court is required to interfere under Section 482 of the Code of Criminal Procedure and quash proceeding against petitioner. Now that final report is filed before learned Magistrate, it is open to the petitioner to raise appropriate plea/defence before the learned Magistrate. Crl.MC No.1428/2011 2 Without prejudice to that right of petitioner this Criminal Miscellaneous Case is closed. THOMAS P.JOSEPH, Judge. cks