IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 22ND DECEMBER 2011 / 1ST POUSHA 1933 Crl.MC.No. 4436 of 2011 --------------------------------- MC.175/2010 of JUDICIAL FIRST CLASS MAGISTRATE COURT, KODUNGALLUR .......................................................................................................................................... PETITIONER / ACCUSED : ------------------------------------- RAHIM, S/O.KARAPPAM VEETIL IBRAHIM VEKODE DESOM, P.VEMBALLUR VILLAGE, KODUNGALLUR TALUK, THRISSUR (DIST), REP.BY HIS POWER OF ATTORNEY HOLDER AND FATHER, IBRAHIM, VEKODE DESOM, P.VEMBALLUR VILLAGE, KODUNGALLUR TALUK, THRISSUR (DIST). BY ADV. SRI.V.M.KRISHNAKUMAR RESPONDENTS / STATE & COMPLAINANT : --------------------------------------------------------------- 1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031. 2. NEETHU, D/O.SAKARIA, ERAMANGALATH HOUSE, MATHILAKAM VILLAGE, MATHILAKAM, MATHILAKAM P.O., KODUNGALLUT TALUK, PIN-680 685. R1 BY PUBLIC PROSECUTOR SMT. JASMINE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: DSV/- Crl.MC.No. 4436 of 2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE I : COPY OF THE AGREEMENT DATED 11.11.2009 SIGNED BY THE PETITIONER, 2ND RESPONDENT, HER ADVOCATE AND THE OFFICE BEARER OF THE MAHALLU COMMITTEE. ANNEXURE II : COPY OF THE COMPLAINT WHICH IS TAKEN ON FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT KODUNGALLUR AS M.C.NO.175/2010. RESPONDENTS' ANNEXURES: NIL /TRUE COPY/ P.A. TO JUDGE DSV/- N.K.BALAKRISHNAN, J. ---------------------------------------------------- Crl.M.C.No.4436 of 2011 ---------------------------------------------------- Dated this the 22nd day of December, 2011 Order The petitioner is the respondent/counter petitioner in M.C.No.175 of 2010 on the file of JFCM Court, Kodungallur. A petition was filed by the second respondent (divorced wife) before that court under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986. The learned counsel for the petitioner submits that already an agreement was entered into between the parties, copy of which has been produced as Annexure I. The learned counsel points out certain portions of Annexure I in support of his submission that the amount payable to the divorced wife has already been paid. Besides the value of the gold ornaments etc. was also given and as such the petition before the court below is an abuse of process of the court and hence M.C.No.175 of 2010 is to be quashed, the learned counsel submits. Since the matter is pending before the learned Magistrate, the petitioner herein can produce the original agreement before that court and will advance all such contentions Crl.M.C.4436/2011 2 as are raised by him in this petition. The learned Magistrate will consider the rival contentions raised by the parties and take appropriate decision in the matter. The Crl.M.C. is disposed of as above. N.K.BALAKRISHNAN, JUDGE. srd Crl.M.C.4436/2011 3