IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 23RD MARCH 2009 / 2ND CHAITHRA 1931 Crl.MC.No. 1092 of 2009() ------------------------- CC.53/2008 of CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM .................... PETITIONER(S): ACCUSED NO.3 ---------------------- MANJU,W/O.SURESH KUMAR, CHIRAYIL VEEDU,VETTILATHAZHAM, THRIKKOVILVATTOM VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA, REP.BY CIRCLE INSPECTOR OF POLICE, KOLLAM EAST POLICE STATION THROUGH THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. 2. ASWATHY,AGED 22 YEARS,D/O.USHA, PAYATTUVILA VEEDU, PUNTHALATHAZHAM, KILIKOLLOOR,KOLLAM. PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- CRL.M.C.No. 1092 OF 2009 --------------------------------- Dated this the 23rd day of March, 2009 O R D E R This petition is filed with a prayer to quash Annexure A2 and A4 proceedings in C.C. No. 53/2008 on the file of the Chief Judicial Magistrate Court, Kollam against the petitioner. The petitioner is the 3rd accused in the case. The 2nd accused is her mother and the 1st accused is her brother. The wife of the 1st accused had filed a complaint under Section 498 A attributing allegations of cruelty, ill treatment and a crime is registered under Section 498 A of the IPC. The learned counsel would contend that the present petitioner is not living even in that house and the allegations are absolutely false and therefore the case against her has to be quashed. So far as those things are concerned now, we have specific avernments in the petition and it is too early a stage to quash the proceedings. Therefore I decline to quash the proceedings. It is submitted by the learned counsel for the petitioner that she is in advanced stage of pregnancy and doctor has advised complete bed rest and she Crl.M.C. 1092/2009 -2- may be exempted from personal appearance before the court. If it is so and if she moves an application for exemption, considering the materials available I direct the learned Magistrate to pass appropriate orders so that unnecessary harassments can be avoided as well. With these observations the Crl.M.C is disposed of. M.N. KRISHNAN, JUDGE vkm