IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 5TH OCTOBER 2009 / 13TH ASWINA 1931 Crl.MC.No. 2965 of 2009() ------------------------- CC.560/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT, TIRUR .................... PETITIONER(S):/ ACCUSED NOS.3 & 4 -------------------------------- 1. KOYA MASTER, S/O.MAMMAD, KALLIYATH HOUSE, PERUMANNA CLARI, VALAKULAM P.O. 2. KAMMUDU, S/O.MAMMAD, KALLIYATH HOUSE, PERUMANNA CLARI, VALAKULAM P.O. BY ADV. SRI.P.VIJAYA BHANU SRI.M.REVIKRISHNAN RESPONDENT(S):/ DEFACTO COMPLAINANT & STATE ------------------------------------------ 1. NASEERA, D/O.MUHAMMED, VETTUTHOTTUNKAL HOUSE, GANDHIKKUNNU, KANNADIPPADI VENGARA, MALAPPURAM DISTRICT. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: uj. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 2965 OF 2009 =========================== Dated this the 5th day of October,2009 ORDER Petitioners are accused 3 and 4 in C.C.560/2008 on the file of Judicial First Class Magistrate Court, Tirur taken cognizance by the learned Magistrate on Annexure B final report, for the offence under section 498A read with section 34 of Indian Penal Code. This petition is filed under section 482 of Code of Criminal Procedure to quash the case as against the petitioners contending that the case as against the petitioners is not sustainable and the allegations raised in Annexure A complaint based on which the case was registered and investigated, was not raised by the first respondent the de facto complainant in the proceeding pending before the Family Court and in such circumstance, it is only an abuse of process of court and therefore it is to be quashed. 2. Learned counsel appearing for the petitioners and learned Public Prosecutor were heard. 3. Learned counsel vehemently argued that there is no allegations as against the petitioners constituting Crl.M.C.2965/2009 2 an offence under section 498A of Indian Penal Code and submitted that they only attempted to reconciliate the matrimonial dispute. Petitioners are entitled to raise the contentions before the learned Magistrate at the time of framing charge and seek an order of discharge under section 239 of Code of Criminal Procedure. Petition is disposed granting liberty to the petitioners to file an application for discharge under section 239 of Code of Criminal Procedure and raise all the contentions raised herein before the learned Magistrate. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006