IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 26TH MAY 2010 / 5TH JYAISHTA 1932 Crl.MC.No. 1647 of 2010() ------------------------------------ CR. NO.801/2009 OF PEROORKADA POLICE STATION, TRIVANDRUM DIST. ......... PETITIONER(S): ACCUSED NO.1 & 2 ------------------------------- 1. SREEKALA KUMARI, AGED 38 YEARS, W/O.JANARDHANAN PILLAI, KIZHAKKATHIL VEEDU, T.C.22/734, ATTUKAL, MANACAUDU.P.O, THIRUVANANTHAPURAM. 2. JANARDHANAN PILLAI, AGED 44 YEARS, KIZHAKKATHIL VEEDU, T.C.22/734, ATTUKAL, MANACAUDU.P.O, THIRUVANANTHAPURAM. BY ADV. SRI.V.JOHN SEBASTIAN RALPH SRI.SAJI ISAAC K.J. SMT.ELIZABETH VARKEY SMT.PREETHY KARUNAKARAN RESPONDENT(S): STATE/ COMPLAINANT -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. 2. S.I OF POLICE, PEROORKADA POLICE STATION.(IN CR.NO.801/2009 OF PEROORKADA POLICE STATION, THIRUVANANTHAPURAM DISTRICT). BY PUBLIC PROSECUTOR MR.C.S.HRITHWIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V.RAMKUMAR, J. ------------------------------------- Crl.M.C. No.1647 of 2010 -------------------------------------- Dated this the 26th day of May, 2010 ORDER Petitioners, who are husband and wife and who are also the accused in Crime No.801/2009 of Peroorkada Police Station, Thiruvananthapuram, registered for offences punishable under Sections 406, 420 and read with Section 34 IPC, seek to quash Annexure 1 F.I.R on the allegation that the subject matter of the dispute is a Civil dispute and that prima fascia the aforesaid offences are not made out. 2. It is too early to consider as to whether the ingredients of the aforesaid offences are made out or not, since the investigation has only commenced. In case the police file a final report chargesheeting the petitioners and in case a ground exists for quashing the same, the petitioners can approach the appropriate court at the proper time. Reserving the above right of the petitioners, this Criminal M.C is dismissed. V.RAMKUMAR, JUDGE dmb Crl.M.C. No. : 2 : Crl.M.C. No. : 3 :