IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 3RD JANUARY 2008 / 13TH POUSHA 1929 Crl.MC.No. 3848 of 2007() ------------------------- CRMP.6504/2007 of JUDL. MAGISTRTE OF FIRST CLASS COURT-III, THRISSUR CRIME NO. 877/2007 of OLLUR POLICE STATION .................... PETITIONER: ACCUSED 1 & 2. --------------------------------- 1. M.K.SUDHAKARAN, S/O. KUNHAYYAPPAN, AGED 48 YEARS, MADATHIPARAMBIL HOUSE, NADATHARA P.O., PIN - 680 751, THRISSUR DISTRICT. 2. SEETHA, W/O. SUDHAKARAN, AGED 33 YEARS, MADATHIPARAMBIL HOUSE, NADATHARA P.O., THRISSUR. BY ADV. SRI.SHOBY K.FRANCIS RESPONDENTS: COMPLAINANT. ----------------------------------- 1. STATE OF KERALA/S.I. OF POLICE, OLLUR POLICE STATION, OLLUR, THRISSUR, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. P.Y.ANTONY, S/O. YOHANNAN, AGED 38 YEARS, PATHIPARAMBAN HOUSE, P.O.NADATHARA, PIN - 680 751, THRISSUR DISTRICT. BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No. 3848 of 2007 ========================== Dated this the 3rd day of January, 2008. ORDER The petitioners, who are husband and wife are the accused in crime No. 877/2007 of Ollur Police Station for offences punishable under Sections 405, 409, 420 and 468 r/w Section 120(B) IPC. They seek to quash Annexure A1 complaint on the file of the Judicial First Class Magistrate-III, Thrissur and all further proceedings. 2. The main contention raised in support of this petition is that the 2nd respondent/complainant has instituted a civil suit as O.S. No. 1046/2007 before the Sub Court, Thrissur realising that the dispute is essentially a civil dispute. It is long thereafter that the present complaint has been filed before the Magistrate and got forwarded to the police under Section 156(3) Cr.P.C. 3. Merely because a civil suit has been filed by the complainant, it does not automatically follow that the criminal complaint alleging the aforementioned offences cannot be maintained. I perused the Annexure A complaint. From a : 2 : reading of it, it cannot be said that none of the offence alleged has been made out. No doubt, the question as to whether any of those offences have been committed is a matter for evidence and I am not inclined to quash the complaint or stay the investigation of the crime. This M.C. is dismissed without prejudice to the right of the petitioners to raise all contentions available to them in law in case the petitioners are charge sheeted by the police. V. RAMKUMAR, JUDGE. rv : 3 :