The High Court of Kerala dismissed a criminal miscellaneous petition seeking quashing of proceedings as infructuous. The court held that the underlying maintenance case had already been disposed of on the e-court website, rendering the prayer untenable.
The criminal miscellaneous petition is dismissed as infructuous.
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 P.V.KUNHIKRISHNAN
WEDNESDAY, THE 9TH DAY OF AUGUST 2023 / 18TH SRAVANA, 1945
CRL.MC NO. 6363 OF 2014
AGAINST THE ORDER/JUDGMENT IN MC 56/2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS COURT,THALASSERY
PETITIONER/RESPONDENT:
ABURAHIMAN V.C
AGED 34 YEARS
S/O.LATE KUNHABDULLA, HARIKKOTH THAZHE KUNIYIL,
P.O.MAYYANNOOR, VATAKARA TALUK.
BY ADV SRI.ZUBAIR PULIKKOOL
RESPONDENTS/COMPLAINANT & STATE:
1NUSRATH M.K.
D/O.SULAIMAN, AGED 27 YEARS,
PUTHIYADATH THAZHE KUNIYIL, P.O.PULIYANAMBRAM,
THALASSERY TALUK, KANNUR DISTRICT-670101.
2STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM – 682 031
BY ADVS.
SMT.K.DEEPA (PAYYANUR)
SRI.V.R.NASAR
SMT. MAYA M.N., PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
09.08.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.M.C NO. 6363 OF 2014
2
P.V.KUNHIKRISHNAN, J.
-----------------------------CRL. M.C No. 6363 of 2014
---------------------------------------------Dated this the 10th day of August, 2023
O R D E R
The above Crl. M.C. is filed to quash Annexure-1 proceedings pending before the Judicial First Class Magistrate Court, Thalassery as MC 56/2013. Now, as per the e-court website, it is clear that the above case itself is disposed and maintenance is awarded. If that be
the case, the prayers in this Crl. M.C are infructuous.
Therefore, this Crl. M.C is dismissed as infructuous.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
nvj
1 issue framed by the court
Whether the criminal miscellaneous petition to quash proceedings is maintainable when the underlying case is already disposed of with maintenance awarded.
Aburahiman V.C
Nusrath M.K.
State of Kerala
P.V. Kunhikrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court