IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 18TH NOVEMBER 2009 / 27TH KARTHIKA 1931 Crl.MC.No. 2820 of 2009(D) -------------------------------------- (CR.NO. 468/2007 OF THE KURUPPUMPADY POLICE STATION) ............. PETITIONERS/ACCUSED: ------------------------------------ 1. D.U.SARMA, AGED 76 YEARS, IDAMANA, J.P.LANE II, KUDAPPANAKKUNNU P.O., TRIVANDRUM. 2. THANKAM ANTHARJANAM, AGED 68 YEARS, WIFE OF D.U.SARMA, RESIDING AT DO. 3. U.K.MADHU, SON OF D.U.SARMA, MADHAVAM, KAKULAM, PEYAD P.O., TRIVANDRUM-695 573. BY ADVS. MR.T.M.RAMAN KARTHA, MR.R.RAJIT. RESPONDENTS/STATE AND DEFACTO COMPLAINANT: ------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KURUPPAMPADY, PLERUMBAVOOR. 3. NANGELI ANTHARJANAM @ SAVITHRI ANTHARJANAM, AGED 89 YEARS, WIFE OF LATE T.N.VASUDEVAN ELAYATHU, THAIKKATTU ILLAM, RAYAMANGALAM P.O., PERUMBAVOOR. R1 & R2 BY PUBLIC PROSECUTOR MR. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.2820 OF 2009 ------------------------------------------ Dated 18th November 2009 O R D E R Petitioners are accused in Annexure-XII private complaint filed by second respondent mother and pending before Judicial First Class Magistrate, Perumbavoor. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-X complaint as well as Annexure-XI petition filed under Section 12 of Protection of Women from Domestic Violence Act, 2005 (hereinafter refered to as the 'Act') and Annexure-XII petition filed before Judicial First Class Magistrate, Perumbavoor. 2. Even according to the petitioners Annexure-XII complaint filed by second respondent is under consideration of Judicial First Class Magistrate, Perumbavoor as he is conducting enquiry as provided under Section 202 of Code of Criminal Procedure. It is for the learned Magistrate to consider whether there is a case to be proceeded by issuing summons under Section 204 or to dismiss the Crmc 2820/09 2 complaint under Section 203 of Code of Criminal Procedure. Complaint cannot be quashed at this stage as sought for. Petitioner is not entitled to challenge a proceedings pending before Judicial First Class Magistrate, Perumbavoor alleging commission of offences under Sections 120B, 403, 406, 417, 418 and 420 read with Section 34 of Indian Penal Code and another proceedings initiated under Section 12 of the Act and on that ground alone petitioners are not entitled to get Annexures-X and XII complaints quashed in this petition. Even on merits complaint filed under Section 12 or a petition for interim order under Section 23 of the Act cannot be quashed invoking extra ordinary powers of this court under Section 482 of Code of Criminal Procedure. It is upto the petitioners to appear before the Magistrate and raise their contentions. Petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE. uj. Crmc 2820/09 3