Petitioners seeking quashing of prosecution for Section 498A IPC offences. Court noted charges not yet framed. Directed petitioners to file discharge application before First Class Magistrate and set timelines for disposal.
Petitioners directed to file discharge application before First Class Magistrate; Magistrate to dispose within ten weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
FRIDAY, THE 18TH DAY OF SEPTEMBER 2020 / 27TH BHADRA, 1942
Crl.MC.No.7707 OF 2016
AGAINST THE ORDER/JUDGMENT IN CC 1374/2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS - IX, ERNAKULAM (TEMPORARY)
CRIME NO.1555/2011 OF Palarivattom Police Station, Ernakulam
PETITIONERS/ACCUSED 1 TO 4:
4 NISHA, W/O. MARTIN, KURIAPARAMBIL HOUSE, KARANAKODAM, PALARIVATTOM P.O, KOCHI - 43. BY ADV. SRI. DENIZEN KOMATH
RESPONDENTS/COMPLAINANT & DE-FACTO COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY THE S.I OF POLICE, PALARIVATTOM POLICE SATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 682 031. 2 JASEENTHA, D/O. THOMAS, KOCHAPPILLY HOUSE, CHALIKKAVATTOM, POONITHURA, ERNAKULAM – 682 038.
SRI. B. JAYASURYA, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 18.09.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ALEXANDER THOMAS, J.
------------------------------------------Crl. M. C. No.7707 of 2016
---------------------------------------------Dated this the 18th day of September, 2020
ORDER
Heard Sri. Denizen Komath, learned counsel appearing for the petitioners (1 to 4) and Sri. B. Jayasurya, learned Public Prosecutor appearing for the 1st respondent State of Kerala, though notice has been duly served to the contesting respondent No.2 (lady defacto complainant). The said party has not entered appearance.
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against the 2nd respondent is to the effect that she had married the 1st petitioner and thereafter she was living in the parental home of the 1st petitioner (her husband), wherein the other petitioners were also resided and that the accused persons have committed the abovesaid offences, in view of the allegations made therein etc. The four petitioners herein (A2 to A4) are the brother, mother and brother’s wife respectively of the 1st petitioner (A1). A specific query as to whether the police has been filed the final report/charge sheet in this case and if so whether the Court has tried to charges etc.
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have been framed by the learned Magistrate. If that be so petitioners will be at liberty to file requisite application for discharge before the Judicial First Class Magistrate Court - IX, Ernakulam in C.C No.1374 of 2016 and if the said application is filed the learned Magistrate will consider the said application on merits and after hearing the petitioners, the prosecution agency as well as the lady defacto complainant, may pass orders thereon after adverting to the various contentions and submissions of the petitioners. Orders in that regard will duly passed by the learned Magistrate preferably within six weeks and within out of ten weeks from the date of filing of such application along with certified copy of this order. Thereafter, in case petitioners have any legally justiciable grievances thereto, it is for them to work out their remedies in the manner known to law.
With these observations and directions this Crl. M.C will stand finally disposed of.
Sd/-
ALEXANDER THOMAS JUDGE
SPR
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 TRUE CERTIFIED COPY OF THE FIR IN CRIME NO.1555 OF 2011 OF PALARIVATTOM POLICE STATION.
RESPONDENT'S/S EXHIBITS: NIL.
3 issues framed by the court
Whether the petitioners are maintainable for quashing criminal proceedings before trial completion.
Whether charges have been framed in the CMC under Section 498A IPC.
How to direct the lower Magistrate regarding pendency of discharge application.
Xavier K. J
Martin K. J
Selin
Nisha
State of Kerala
Jaseentha
Alexander Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
