IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 22ND SEPTEMBER 2010 / 31ST BHADRA 1932 Crl.MC.No. 2743 of 2010(E) ------------------------------------- [ORDER DATED 03/07/2010 IN CRL.MP.NO.1169/2010 IN CRL.A.NO.174/2010 OF II ADDL.SESSIONS COURT, KOLLAM] .................... PETITIONER/APPELLANT/RESPONDENT: ----------------------------------------------------------- THILAKAN.P., INJAKKAD, PUTHENKULAM P.O., PARAVOOR, KOLLAM, PIN-691 302. BY ADVS. SRI.S.SANTHOSH KUMAR, SMT.P.LISSY JOSE. RESPONDENTS/COMPLAINANT: ---------------------------------------------- 1. DEEPA.C.M., NARAYANAVILASAM, KURUMANDAL, SOUTH PARAVOOR, KOLLAM, PIN-691 302. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADVS. SRI.V.V.RAJA, SRI.M.T.SURESHKUMAR, R2 BY PUBLIC PROSECUTOR SRI. P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 22/09/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2743 of 2010 -------------------------- ORDER Petitioner filed Crl.A.No.174/2010 before Sessions Court, Kollam challenging Annexure-I order passed by Judicial First Class Magistrate, Paravoor under Section 12 of Protection of Women from Domestic Violence Act. C.M.P.No.1169/2010 was filed to stay execution of Annexure-I order. By Annexure- III order, stay was granted on condition that petitioner shall pay Rs.5,000/- per month to the first respondent. Later, by Annexure-V order, the order of stay was vacated on the ground that only Rs.5,000/- was paid as directed and there is arrears to be paid. This petition is filed under Section 482 of Code of Criminal procedure to quash Annexure-V order. 2. By order dated 20.7.2010, this Court granted interim stay on condition that petitioner shall pay Rs.5,000/- per month as provided in Annexure-III CRMC 2743/10 2 order. Learned counsel appearing for the petitioner submitted that amount has been paid as directed. It is not disputed by the learned counsel appearing for the first respondent. In such circumstances, it is not necessary to retain this petition further. Petition is disposed directing Additional Sessions Judge, Kollam to dispose Crl.A.No.174/2010 expeditiously. It is made clear that so long as petitioner is complying with Annexure-III order, order of stay would operate. 22nd September, 2010 (M.Sasidharan Nambiar, Judge) tkv