IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 15TH FEBRUARY 2010 / 26TH MAGHA 1931 Crl.MC.No. 3025 of 2009() ------------------------- MOP.197/2001 of ASSISTANT SESSIONS COURT, PALAKKAD CC.45/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ALATHUR .................... (CRIME NO.517/07 OF VADAKKENCHERRY POLICE STATION) PETITIONER(S): ACCUSED: ------------------------------------------ K.RAJAN, S/O.KUNJAN, AGED 44 YEARS, KAVARATHARAYIL, KARUVAPADATH, MANGALAM AMSOM, ALATHUR TALUK, PALAKKAD DISTRICT. BY ADVS. MR.JOHNSON P.JOHN, MR.BABY MATHEW. RESPONDENT(S): COMPLAINANT: --------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, VADAKKENCHERRY POLICE STATION, PALAKKAD DISTRICT. *ADDL.R3 IMPLEADED: R3. PANCHALI, D/O. APPU, AGED 44 YEARS, RESIDING AT ERATTUPARAMBIL, MANGALAM AMSOM, ALATHUR TALUK, PALAKKAD DISTRICT. (*ADDL.R3 IS IMPLEADED AS PER ORDER DTD. 21/10/09 IN CRL.M.A.NO.5584/09) R1 & R2 BY PUBLIC PROSECUTOR MR. P.A. SALIM THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 09/02/2010,THE COURT ON 15/02/2010 PASSED THE FOLLOWING: Kss P.BHAVADASAN, J. ------------------------------------- Cr. MC No.3025 of 2009-C ------------------------------------- Dated 15th February 2010 Order This is a petition filed under S.482 of the Code of Criminal Procedure, seeking to have all further proceedings in CC No.45/08 on the file of the JFCM Court, Alathur, quashed. 2. The petitioner is the accused in CC No.45/08 of the JFCM Court, Alathur, which was taken on file pursuant to a crime registered in consequence of a complaint laid by the third respondent herein for the offence punishable under S.498A IPC. The complaint was laid on 26.11.2007 and the crime was also registered on the very same day. After investigation, final report was laid and the Court has taken cognizance of the offence also. 3. The petitioner points out that the complaint is absolutely false and the marriage between him and the third respondent was dissolved on 31.08.2002 by order in CR MC 3025/09 2 MO(P) No.197/01 of the Sub Court, Palakkad, which is produced as Annexure-III. 4. After the dissolution of the marriage, there is no relationship between the petitioner and the third respondent and there was no justification either for taking the complaint on file or proceeding with the case. The petitioner, therefore, prays for quashing the proceedings in CC No.45/08 on the file of the JFCM Court, Alathur. 5. Though notice was served on the third respondent, she chose not to appear and contest the matter. In the light of the fact that the third respondent has not come forward to challenge the averments made by the petitioner, the claim made by the petitioner will have to be, prima facie, accepted. In the complaint filed before the Police, the third respondent has stated that she was married 18 years ago by the petitioner herein and from 2006 onwards till the date of laying of the complaint, she had been tortured and harassed by him. It is the said complaint, on the basis of which Crime No.517/07 of CR MC 3025/09 3 Vadakkancherry Police Station, was registered. The petitioner has produced Annexure III Judgment of the Sub Court, Palakkad in MOP No.197/01, which shows that the marriage of the petitioner herein and the third respondent which was solemnized on 08.03.1989, was dissolved by a decree of divorce. So, the claim of the petitioner in this petition is fully justified. It is inconceivable that after the dissolution of the marriage, they would have continued their relationship. The complainant has also no such case. The complaint is totally silent regarding the order passed by the Sub Court, Palakkad in MOP No.197/01. 6. In the light of the above facts, it is very evident that the present proceedings are nothing, but an abuse of the process of the Court and intended only to harass and humiliate the petitioner. 7. In the result, this petition is allowed. All proceedings in CC No.45/08 on the file of the JFCM Court, CR MC 3025/09 4 Alathur, stand quashed and all further proceedings stand dropped. P.BHAVADASAN, JUDGE sta CR MC 3025/09 5