IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 21ST JANUARY 2010 / 1ST MAGHA 1931 Crl.MC.No. 4217 of 2009() ------------------------- CMP.1345/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT, IRINJALAKUDA .................... PETITIONER(S): ------------------------- 1. N.C.GOPALAKRISHNAN, AGED 75, S/O.CHATHUNNY, NADUVATHARA HOUSE, TAZHEKKAD VILLAGE AND DESOM, KALLETTUMKARA.P.O, PRESENTLY RESIDING AT KVRA NO.21, MALIAKKAL ROAD, VALIALUKKAL, KANIMANGALAM.P.O, THRISSUR-27. 2.SMT.MINI GOPALAKRISHNAN, AGED 68, W/O.N.C.GOPALAKRISHNAN, NADUVATHARA HOUSE, TAZHEKKAD VILLAGE AND DESOM, KALLETTUMKARA.P.O, PRESENTLY RESIDING AT KVRA NO.21, MALIAKKAL ROAD, VALIALUKKAL, KANIMANGALAM.P.O, THRISSUR-27. BY ADV. MR.T.N.MANOJ RESPONDENT(S): --------------------------- 1. SMT.ANY MARY DINA @ SARASWATHY, W/O.BINDUBOOSHAN, PRESENTLY RESIDING AT NADUVATHARA HOUSE, THAZHEKKAD VILLAGE AND DESOM, KALLETTUMKARA.P.O., THRISSUR DISTRICT. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR. P.A. SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR, J. ---------------------------------------------- Crl.M.C.No.4217 of 2009 ---------------------------------------------- Dated this the 21st day of January, 2010 ORDER Petitioners are respondents in CMP 1345/2009 on the file of Judicial First Class Magistrate Court, Irinjalakkuda filed by the first respondent under Section 12 of the Protection of Women from Domestic Violence Act, 2005. On receipt of Annexure (d) notice, petitioner appeared before the Magistrate. Annexure (d) protection order was also passed by the Magistrate on 12.2.2009. This petition is filed under Section 482 of the Code of Criminal Procedure to quash the proceedings pending before the Magistrate contending that the house is not a shared household as defined under the said Act and the cause of action alleged is not correct, and on merits the petition will not lie. These are facts to be considered and decided by the learned Magistrate. Section 484 of Code of Criminal Procedure cannot be exercised to quash the proceedings as sought for, as held by this court in Joshi v. State of Haryana (2003(2) KLT 1062 ). Learned counsel submits that personal presence of the petitioners may be dispensed with. The Act does not provide that respondents shall personally appear before the Magistrate on all posting date. It is up to the petitioners to approach the Magistrate for exemption. Petition is dismissed. M.Sasidharan Nambiar, Judge cms