IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 29TH NOVEMBER 2010 / 8TH AGRAHAYANA 1932 Crl.MC.No. 4678 of 2010 ---------------------------------- [CMP.NOS. 3196/2010 & 3465/2010 OF JUDICIAL MAGISTRATE OF FIRST CLASS COURT, TALIPARAMBA] .................... PETITIONER/PETITIONER: ------------------------------------- JISS JOB,S/O.JOB,AGED 32,PALUVELIL, THIMIRI AMSOM,ATHIRUKUNNU.P.O,ERUVATTY. BY ADVS. SRI.SUNIL NAIR PALAKKAT, SRI.K.N.ABHILASH, SMT.LEELA.K, SMT.SHEEBA.N.K. RESPONDENTS/STATE & RESPONDENTS: ------------------------------------------------------------- 1. STATE OF KERALA,REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM – 682 031. 2. JOSE,S/O.LUKOSE,AGED 48 YEARS, MUNDAPPUZHA,PALLAPARA, KALICHAMARAM,KARINTHALAM.P.O, PIN-671 314. 3. ROSAMMA,W/O.JOSE,AGED 44 YEARS, MUNDAPPUZHA,PALLAPARA,KALICHAMARAM, KARINTHALAM.P.O,PIN-671 314. R1 BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.4678 of 2010 -------------------------- ORDER Annexure-A3 order was passed by Judicial First Class Magistrate, Taliparamba on a petition filed by the second respondent under Section 21 of Protection of Women from Domestic Violence Act. Annexure-A3 order was passed accepting the compromise between the petitioner and the second respondent. Complaining that petitioner did not comply with Annexure-A3 order, second respondent approached the learned Magistrate by filing a petition under Sections 31 and 32 and Rule 15(4) of Protection of Women from Domestic Violence Act and the Rules. By Annexure-A7 memo, petitioner was informed by the learned Magistrate that petition is posted to 12.11.2010. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-A3 order. 2. Learned counsel appearing for the petitioner was heard. 3. First of all, Annexure-A3 order is an appealable order, as provided under Section 29 of Protection of Women from Domestic Violence Act. Remedy CRMC 4678/10 2 of the petitioner, if any, is to challenge the order in appeal. When Annexure-A3 order is based on a compromise, petitioner is not entitled to get it quashed by invoking the inherent power under Section 482 of Code of Criminal Procedure. Though learned counsel appearing for the petitioner argued that learned Magistrate should not have taken cognizance of the offences under Sections 31 and 32 of Protection of Women from Domestic Violence Act, Annexure-A7 memo does not show that cognizance was taken. By Annexure-A7 memo petitioner was only informed about the posting date. Petitioner is entitled to raise all the contentions raised herein before the learned Magistrate. Petition is disposed. 29th November, 2010 (M.Sasidharan Nambiar, Judge) tkv