IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 23RD JULY 2009 / 1ST SRAVANA 1931 Crl.MC.No. 2385 of 2009() ------------------------- MP.2086/2009 of JUDL.MAGISTRATE OF FIRST CLASS - I, PARAVUR .................... PETITIONER(S):( ACCUSED IN MP 2086/09,JFCM COURT, PARAVUR) --------------------------------------------------------------------------------------------------- 1. MELON LIBERA, W/O. JAMIL, AGED 36, VALIYAKATTATH HOUSE, KUTTIKKATTU KARA P.O., PUTHIYA ROAD JUNCTION, ELOOR EAST. 2. MILANI D'SILVA, W/O. DENNIS D SILVA, AGED 61, VALIYAKATH HOUSE, KUTIKKATTUKARA P.O., PUTHIYA ROAD JUNCTION, ELOOR EAST. 3. DENNIS D'SILVA, S/O. JOHN D'SILVA, AGED 69, VALIYAKATTATH HOUSE, KUTIKKATTUKARA P.O., PUTHIYA ROAD JUNCTION, ELOOR EAST. BY ADV. MR.S.SHYAM RESPONDENT(S): (COMPLAINANT IN MP 2086/09,JFCM COURT, PARAVUR & STATE OF KERALA: ------------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. RASHMI DELTON, W/O. DELTON, AGED 27, VALIYAKATH HOUSE, NOW RESIDING AT CHERAMAN THURUTHIL HOUSE, KUTTIKKATTUKARA P.O., PUTHIYA ROAD JUNCTION, ELOOR EAST. R1 BY PUBLIC PROSECUTOR MR. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2385 of 2009 -------------------------- ORDER Petitioners are respondents in M.P.No.2086/2009 on the file of Judicial First Class Magistrate's Court, Paravur filed by second respondent under Section 12 of Protection of Women from Domestic Violence Act. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings as against the petitioners contending that second respondent is not an aggrieved person and her husband is not impleaded in the petition before the Magistrate and second respondent is not entitled to claim a residential order in respect of the property of the petitioners and therefore, the case as against them is to be quashed. Reliance was placed on the decisions of the Apex Court in S.R.Batra v. Taruna Batra ((2007) 3 SCC 169) and Vimalben Ajitbhai Patel v. Vatslaben Ashokbhai Patel (2008 (2) KHC 396). CRMC 2385/09 2 2. On hearing the learned counsel, I find no reason to interfere with the proceedings pending before the learned Magistrate in exercise of the powers under Section 482 of Code of Criminal Procedure. Petitioners are entitled to canvass all the grounds agitated in this petition before the Magistrate. Petition is dismissed. 23rd July, 2009 (M.Sasidharan Nambiar, Judge) tkv