IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 30TH JULY 2008 / 8TH SRAVANA 1930 Crl.MC.No. 166 of 2005(A) ------------------------- CC.3026/2003 of JUDL.MAGISTRATE OF FIRST CLASS, MUVATTUPUZHA .................... PETITIONER: 2ND ACCUSED ----------------------- MARYKUTTY, AGED 50 YEARS, EDAYAR P.O., KOOTHATTUKULAM, ERNAKULAM. BY ADV. SRI.M.K.DILEEPAN SRI.DEEPAK T.NEDUNGADAN RESPONDENTS: STATE AND COMPLAINANT ---------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. SUB INSPECTOR OF POLICE, KOOTHATTUKULAM POLICE STATION, KOOTHATTUKULAM, PIRAVOM. 3. VALSA JACOB, AGED ABOUT 48 YEARS, C/O.MRS. PAVANA JOSEPH, PAVANA HOUSE, K.P.VALLON ROAD, KDAVANTHARA, KOCHI-20. BY PUBLIC PROSECUTOR SHRI THOMAS JOHN AMBOOKEN FOR R1 & R2 SMT.A.R.USHA FOR R3 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 30/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON CRL.M.A.NOS.458/05 AND 10003/05 IN CRL.M.C.166/05 DISMISSED 30.7.2008 SD/- M.C.HARI RANI, JUDGE. M.C.HARI RANI, J. ----------------------------------------------------- CRL.M.C.No.166 OF 2005 ----------------------------------------------------- DATED THIS THE 30th DAY OF JULY, 2008 O R D E R Petitioner herein is the second accused in C.C.No.3026/03 pending on the file of the Judicial First Class Magistrate's Court, Muvattupuzha. 3rd respondent herein is the complainant. The offence alleged against the petitioner herein as the second accused and the first accused before that court was under sections 494, 420 and 34 of IPC. Annexure B is the copy of the charge sheet in that case. The prayer in this petition is to quash Annexure B charge as against the petitioner herein. 2. Heard the learned counsel appearing for the petitioner and also the learned Public Prosecutor. It is submitted by the learned counsel appearing for the petitioner that as per Annexure C, this Court has already passed an order in a similar petition filed by the first accused in the same crime as Crl.M.C.No.3277/04 dated 9.12.2004 on the basis of the settlement arrived at between the parties and quashed the charge filed against the first accused in that crime. CRL.M.C.No.166/05 -2- 3. In the light of Annexure C, I find that this Court need not go through the entire allegations made in this petition and that the prayer in this petition can also be allowed for the reason that the purpose will be served by not allowing to proceed against the petitioner herein who is the second accused in Crime No.70/03 which is an abuse of process of law. In the result, the Crl.M.C. is allowed and Annexure B charge against the petitioner herein is quashed. M.C.HARI RANI, JUDGE. dsn