IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 3RD OCTOBER 2008 / 11TH ASWINA 1930 Crl.MC.No. 3717 of 2008() -------------------------------------- (M.C.NO.51/2008 OF JUDICIAL FIRST CLASS MAGISTRATE CURT NO.II, THRISSUR) PETITIONERS:RESPONDENTS:- ------------------------------------------------ 1. USHA, AGED 48 YEARS, W/O KRISHNANKUTTY, THAZHEKKATTU HOUSE, KANATTUKARA DESOM, AYYANTHOL VILLAGE, THRISSUR TALUK. 2. NIMMI KRISHNAN, AGED 22 YEARS, D/O KRISHNANKUTTY, THAZHEKKATTU HOUSE, KANATTUKARA DESOM, AYYANTHOL VILLAGE, THRISSUR TALUK, 3. NISHAN, AGED 24 YEARS, S/O KRISHNANKUTTY, THAZHEKKATTU HOUSE, KANATTUKARA DESOM, AYYANTHOL VILLAGE, THRISSUR TALUK. BY ADV. SRI.P.A.CHANDRAN RESPONDENTS:PETITIONERS & STATE:- --------------------------------------------------------------- 1. KARTHIYAYANI, AGED 77 YEARS, W/O VELAYUDHAN, THAZHEKKATTU HOUSE, KANATTUKARA DESOM, AYYANTHOL VILLAGE, THRISSUR TALUK. 2. SAKUNTHALA, AGED 42 YEARS, VELAYUDHAN, THAZHEKKATTU HOUSE, KANATTUKARA DESOM , AYYANTHOL VILLAGE, THRISSUE TALUK, 3. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 3717 of 2008 ------------------------------------------------- Dated this the 3rd day of October, 2008 ORDER Against the petitioners, petition under Sec.12 of the Protection of Women from Domestic Violence Act, 2005 (for short 'the Act') has been filed by the respondents herein. The petitioners are the wife and children of the predeceased son of the 1st respondent. The 2nd respondent is the unmarried daughter of the 1st respondent. Petition under Sec.12 of the Act has been received by the learned Magistrate and the same is being considered by the learned Magistrate. No interim application is pending. 2. At this stage the petitioners have come to this Court for quashing of the proceedings already initiated against the petitioners. The learned Magistrate is now proceedings with the matter. According to the petitioners, they have valid Crl.M.C. No. 3717 of 2008 -: 2 :- objections to raise against the proceedings initiated under the Act against them. Two of the petitioners are women and against them no proceedings can be initiated under the Act, it is contended. 3. I do not intend to express any opinion on merits on the contentions raised. Even going by the case of the petitioners, petition in so far as it relates to the 3rd petitioner – a male, will be maintainable. I am of opinion that the petitioners must be directed to raise all their contentions before the learned Magistrate and seek orders of the learned Magistrate. If orders are passed, needless to say, the avenues of challenge under law shall be available to them. I do not think it necessary at this stage to invoke the extraordinary inherent jurisdiction to bring to premature termination the proceedings initiated on the basis of the application under Sec.12 of the Act filed by respondents 1 and 2. 4. In the result, this Crl.M.C. is dismissed. Lest any unintended impression be conveyed, I make it clear that I have not intended to express any opinion on merits on the acceptability of the rival contentions. The petitioners can raise all their contentions before the learned Magistrate and the learned Magistrate must consider them and pass appropriate Crl.M.C. No. 3717 of 2008 -: 3 :- final orders expeditiously – at any rate, within a period of 45 days from the date on which a copy of this order is placed before the learned Magistrate. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge