IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY FRIDAY, THE 26TH AUGUST 2011 / 4TH BHADRA 1933 Crl.MC.No. 4268 of 2008() ------------------------- MC.129/2007 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOLLAM .................... PETITIONERS/RESPONDENT 1, 3 & 4: ----------------------------------------------------- 1. DARWIN XAVIER, 16, WEST INDIA ROAD, SOUTH HALL, UB-I-IJK, LONDON, UK. 2. MARY XAVIER, OF DO, DO. 3. DIXON XAVIER, OF DO, DO. BY ADV. SRI.BLAZE K.JOSE RESPONDENT/COMPLAINANTS: ---------------------------------------------- 1. SANTHI NAINA XAVIER, D/O.THOMAS ABRAHAM KODIYATH THEKKETHIL, PULLICHIRA P.O., MAYYANADU VILLAGE, KOLLAM. 2. PROTECTION OFFICER, UNDER PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005. DISTRICT PROBATION OFFICER, GRADE-I, OFFICE OF THE DISTRICT PROBATION OFFICER, KOLLAM. R1 BY ADV. SRI. A.C.DEVY R2 BY PUBLIC PROSECUTOR SRI. ANTONY THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 26/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl. M.C No.4268/2008 APPENDIX PETITIONER'S ANNEXURES ANNEXURE-1 – TRUE COPY OF THE JUDGMENT IN CC NO.611 OF 2000 DATED 16-08-2003 OF THE JFCM-II, KOLLAM. ANNEXURE-2 – TRUE COPY OF THE JUDGMENT IN OS NO.207 OF 2000 DATED 22-03-2004. ANNEXURE-3 – TRUE COPY OF THE ORDER IN IA NO.993 OF 2000 IN OP (IDA) No.246 OF 2000 DATED 12-03-2001 OF FAMILY COURT, KOLLAM. ANNEXURE-4 – TRUE COPY OF THE ORDER IN MFA NO.752 OF 2001 DATED 17-07-2002. ANNEXURE-5 – TRUE COPY OF THE REPLY SUBMITTED BY THE 1ST RESPONDENT TO THE READING COUNTY COURT IN MATTER NO.RG02D01760 DATED 16-10-2002. ANNEXURE-6 – TRUE COPY OF THE SPECIAL PRAYER MADE BY THE 1ST RESPONDENT RECEIVED BY THE READING COURT DATED 11-11-2003. ANNEXURE-7 – TRUE COPY OF THE LETTER OF THE 1ST RESPONDENT RECEIVED BY THE READING COURT ON 19-10-2005 AND FORWARDED TO THE PETITIONER AS PER LETTER DATED 07-11-2005. ANNEXURE-8 – TRUE COPY OF THE APPLICATION MADE BY THE 1ST RESPONDENT DATED 01-02-2000 BEFORE THE MALAYSIAN GOVT. FOR BIRTH CERTIFICATE. ANNEXURE-9 – TRUE COPY OF THE BIRTH CERTIFICATE ISSUED BY THE MALAYSIAN GOVT. DATED 17-02-2000. ANNEXURE-10 – TRUE COPY OF THE ORDER DATED 09-06-2006 IN RG05D01122 OF THE READING COUNTRY COURT.. ANNEXURE-11 – TRUE COPY OF THE REPORT/COMPLAINT FILED U/S.9 (B) AND 37 (2) (C) OF THE DOMESTIC VIOLENCE ACT, 2005 DATED 07-07-2007 PENDING AS M.C 129 OF 2007 BEFORE THE JFCM-II, KOLLAM. ANNEXURE-12 – TRUE COPY OF THE PASSPORT OF THE 1ST PETITIONER ANNEXURE-13 – TRUE COPY OF THE NOTICE ISSUED TO THE PETITIONERS FROM JUDICIAL FIRST CLASS MAGISTRATE COURT-II, KOLLAM IN M.C.129 OF 2007. RESPONDENT'S EXHIBITS NIL TRUE COPY P.A. TO JUDGE AMG B.P. RAY, J. ------------------------------------------------- Crl. M.C No.4268 OF 2008 ------------------------------------------------- DATED THIS THE 26th DAY OF AUGUST, 2011 ORDER Heard Learned Counsel for the petitioners and the learned Public Prosecutor 2. Respondent No.1 has filed an application under Section 9 (B) and 37 (2) (C) of the Protection of Women from Domestic Violence Act, 2005 now pending as M.C No.129/2007 on the file of Judicial First Class Magistrate Court-II, Kollam. Petitioners filed this Crl. M.C to quash all further proceedings in M.C No.129/2009 on the file of Judicial First Class Magistrate Court-II, Kollam. 3. I am not inclined to quash the charge at this stage. It is open to the petitioners to plead discharge/dismissal of the case on the grounds stated in this application. If such an application is filed, the trial court shall decide it case as a preliminary issue. 4. If the petitioners file an application under Section 205 Cr.PC for dispensing with their personal appearance Crl. M.C No.4268/2008 -2- within one month from today, the learned Magistrate shall do well to dispense with their personal appearance on such terms and conditions he deems fit. Crl.M.C is disposed of as above. Sd/- B.P. RAY, JUDGE. AMG True copy P.A to Judge