IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 19TH NOVEMBER 2009 / 28TH KARTHIKA 1931 Crl.MC.No. 1029 of 2009() ------------------------- (CRIME NO.53/2009 OF THE CHERUPULLASSERY POLICE STATION, PALAKKAD) PETITIONER/ACCUSED: --------------- E.T.ABDUL GAFOOR ,S/O.ALIKUTTY, 36 YEARS ETTILLATHODIYIL HOUSE, T.B.ROAD, PATTAMBI, PALAKKAD. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENTS: --------------- 1. NAZEEMA, D/O.MUHAMMED ALI, 26 YEARS MELEPPATTUTHODI HOUSE, KRISHNAPPADI, NELLAI VILLAGE, OTTAPPALAM TALUK. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SI.K.S.SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 19/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ----------------------------- Crl.M.C No.1029 of 2009-A ------------------------------ Dated this the 19th day of November, 2009. O R D E R The petitioner is the accused and first respondent the defacto complainant in Crime No.53/2009 of the Cherupulassery Police Station for the offence committed under Section 498(A) of the Indian Penal Code. This petition is filed under Section 482 of the Code of Criminal Procedure to quash the proceedings contending that the case has been initiated, on receipt of notice in a petition filed by the petitioner before the Family Court for restitution of conjugal rights, without any bonafides. 2. The learned counsel for the petitioner was heard. 3. When it was submitted that the petitioner would try to get the disputes settled, notice was issued to the first respondent wife. But she appeared through a counsel and submitted that the matter has not been settled. In such circumstances the case cannot be quashed. 4. On hearing the learned counsel and on going though the Annexure 1 complaint, based on which the case is registered, I find that the case cannot be quashed. As the allegations raised therein, reveal the ingredients of the offence, the question whether the offence is committed or not shall be considered by the investigating officer, on proper investigation. In such circumstances this petition is dismissed. Sd/- M.SASIDHARAN NAMBIAR JUDGE