IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 17TH SEPTEMBER 2010 / 26TH BHADRA 1932 Crl.MC.No. 2883 of 2010() ----------------------------------- CC.454/2001 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ALATHUR .................... PETITIONER(S): DEFATO COMPLAINANT ---------------------------------- ----------------------- V.VASU, S/O. VELAYUDHAN, MAITHIRI, KRISHNA TEMPLE LANE, JAWALKAR NAGAR, PIMPLE GURAV, PUNE - 411027. BY ADV. SRI.SURIN GEORGE IPE RESPONDENT(S): STATE & ACCUSED ------------------------------------------------------- 1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA AT ERNAKULAM 2. MURALIDHARAN, S/O. MANIYAN, KALATHODI HOUSE, KISHAKKEMURI VANDAZHI. PALAKKAD DISTRICT- 678 706. 3. THANKAMMA W/O. MANIYAN - DO- 4. SEDHARAN, S/O. MANIYAN, - DO- 5. GEETHA, D/O. MANIYAN, -DO- R1 BY PUBLIC PROSECUTOR SRI.P.A.SALIM R2 TOP R5 BY ADV. SRI.JOHNSON P.JOHN, SRI.BABY MATHEW. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 17/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2883 of 2010 -------------------------- ORDER Petitioner, the defacto complainant in C.C.No. 454/2001 on the file of Judicial First Class Magistrate's Court, Alathur, filed this petition under Section 482 of Code of Criminal Procedure to quash Annexures-III and IV orders passed by the learned Magistrate. Second respondent married deceased Geetha, the daughter of the petitioner, on 14.11.1996. She committed suicide by hanging on 07.11.1999. Crime No. 141/1999 of Mangalam Dam Police Station was registered for the offence under Section 498A of Indian Penal Code. Final report was submitted in the case and offence was taken cognizance by the learned Magistrate as C.C.No.454/2001. 2. Respondents 2 to 5 filed Crl.M.C.No.825/2009 before this Court to quash the proceedings contending that there was settlement of all the disputes. By Annexure-II order, this Court disposed the Crl.M.C. directing the petitioners to approach the Magistrate to establish the validity of the agreement. Annexure-III CRMC 2883/10 2 order was, thus, passed on 15.07.2009. If is not for this Court to consider the validity of Annexure-III order in this petition. 3. Assistant Public Prosecutor filed C.M.P.No. 953/2009 for altering the charge from Section 498A of Indian Penal Code to one under Sections 304(B) and 306 of Indian Penal Code contending that as Geetha committed suicide within a period of seven years of marriage and the statement of the petitioner, recorded under Section 161 of Code of Criminal Procedure, discloses that soon before her suicide, she was subjected to cruelty by demanding dowry and therefore, an offence under Section 304(B) of Indian Penal Code is attracted. It is also contended that an offence under Section 306 of Indian Penal Code is also attracted. Learned Magistrate dismissed the petition by Annexure- IV order holding that demand for money was for the purpose of running a business and it cannot be treated as a demand for dowry and at the fag end of the trial, prosecution need not be given a chance to alter the charge. 4. Learned counsel appearing for the petitioner and respondents 2 to 5 were heard. CRMC 2883/10 3 5. On hearing the learned counsel appearing for the petitioner, I find no reason to quash Annexure-IV order. But, it is made clear that Annexure-IV order shall not be a bar to exercise the right of the learned Magistrate to commit the case to the Sessions Court under Section 323 of Code of Criminal Procedure, if, on evidence, it is found that an offence exclusively triable by the Sessions Court is attracted. Section 323 of Code of Criminal Procedure enables the Magistrate, if it appears to him at any stage of the proceedings before signing the judgment that the case is one which ought to be tried by the Court of Session, to commit the case to the Sessions Court. 6. In such circumstances, I find it not necessary to interfere with Annexure-IV order. It is made clear that if, on recording the evidence, Magistrate finds that powers under Section 323 of Code of Criminal Procedure is to be invoked, Annexure-IV order will not stand in his way. Petition is disposed. Send back the records to the Magistrate. 17th September, 2010 (M.Sasidharan Nambiar, Judge) tkv