Petitioners, respondents in a maintenance complaint filed by their siblings before JFCM Court-II Haripad, sought quashing under Section 482 CrPC. The court instead directed the Magistrate to dispose MC No.53/2022 on merit within three months, clarifying interim orders carried no weight and leaving all contentions open.
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 MRS. JUSTICE SOPHY THOMAS
THURSDAY, THE 7 TH DAY OF MARCH 2024 / 17TH PHALGUNA, 1945
CRL.MC NO. 4547 OF 2022
MC NO.53 OF 2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,
HARIPAD
PETITIONER/ACCUSED:
1 MURALEEDHARAN, AGED 60 YEARS, S/O. KESAVAN, PALLATHERIL HOUSE, NANGIARKULANGARA P.O., PALLIPAD, KARTHIKAPALLY TALUK, PIN - 690513.2 AJITHA, AGED 48 YEARS, W/O. MURALEEDHARAN, PALLATHERIL HOUSE, NANGIARKULANGARA P.O., PALLIPAD, KARTHIKAPALLY TALUK, PIN - 690513. BY ADVS.
RINNY STEPHEN CHAMAPARAMPIL
ASHA ELIZABETH MATHEW
RESPONDENTS/STATE & COMPLAINANTS:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031.2 GEETHA, AGED 58 YEARS, W/O. SUKUMARAN, PUTHANTHARAYIL HOUSE, MUTHUKULAM NORTH MURI MUTHUKULAM VILLAGE, KARTHIKAPALLY TALUK - 690 506, NOW RESIDING AT PALLATHERIL HOUSE, NANGIARKULANGARA P.O., PALLIPAD, KARTHIKAPALLY TALUK, PIN - 690513.3 CHIPPY, AGED 28 YEARS,D/O. SUKUMARAN, MUTHUKULAM NORTH MURI, MUTHUKULAM VILLAGE, KARTHIKAPALLY TALUK - 690 506, NOW RESIDING AT PALLATHERIL HOUSE, NANGIARKULANGARA P.O., PALLIPAD, KARTHIKAPALLY TALUK, PIN - 690513. BY ADVS.
SATHEESH MOHANAN
SASTHAMANGALAM S. AJITHKUMAR(K/430/1983)
SR.PUBLIC PROSECUTOR SRI.VIPIN NARAYANAN
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
07.03.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.4547/2022 2
O R D E R
This Crl.M.C. under Section 482 of Cr.P.C. is at the instance of the respondents in MC No.53 of 2022 on the file of Judicial First Class Magistrate Court-II, Haripad, for quashing Annexure-D complaint in MC No.53 of 2022 and all proceedings pursuant there to.
Crl.M.C.No.4547/2022 3
this order.
this Court in Crl.M.C.No.4547 of 2022 were only to see
whether the matter could be amicably settled, and just for the purpose of the Crl.M.C. Learned Magistrate shall dispose MC No.53 of 2022 untrammeled by any of the observations
or findings made by this Court in any of the interim orders passed in Crl.M.C.No.4547 of 2022. It is also made clear that all the contentions taken up by the parties in this Crl.M.C. are left open.
With these directions and observations, this Crl.M.C.
stands disposed of.
Sd/-
SOPHY THOMAS JUDGE
DSV/-
Crl.M.C.No.4547/2022 4
APPENDIX OF CRL.MC 4547/2022
PETITIONERS’ ANNEXURES :
Annexure A |
A TRUE COPY OF THE DOCUMENT NO.1106/2021 DATED18/06/2021 OF SRO CHEPPAD. |
|---|---|
Annexure B |
A TRUE COPY OF SALE DEED NO.2297/1992 DATED23/11/1992 OF SRO KEERIKKAD. |
Annexure C |
A TRUE COPY OF THE SALE DEED NO.688/2012 DATED07/04/2012 OF SRO KEERIKKAD. |
Annexure D |
CERTIFIED COPY OF THE COMPLAINT FILED BYRESPONDENTS 2 AND 3 BEFORE JFCM COURT-II,HARIPAD AS M.C. NO.53/2022. |
Annexure E |
A TRUE COPY OF THE EX-PARTE INTERIM ORDER DATED18/05/2022INC.M.PNO.1190/2022INM.C.NO.53/2022 OF JFCM COURT-II, HARIPAD. |
Annexure F |
A TRUE COPY OF THE PLAINT IN O.S. NO.175/2022OF THE MUNSIFF'S COURT, HARIPAD. |
Annexure G |
A TRUE COPY OF THE COMMISSION REPORT IN O.S.NO.175/2022 OF THE MUNSIFF'S COURT, HARIPAD. |
Annexure H |
PHOTOGRAPH SHOWING THE RRATRRRE AND LIE OF THERESIDENTIAL BIRILDING LOCATED IN STARD NO.19 OFHANPADMUNICIPALITY(PREVIOUSLYHOUSENO.III/87 OF CHINGOLI GNMAPANCHAYATH) |
Annexure I |
PHOTOGRAPH SHOWING THE NATURE AND LIE OF HOUSENO. 2. |
Annexure J |
PHOTOGRAPH SHOWING THE NATURE AND LIE OF HOUSENO. 3. |
Annexure K |
PHOTOGRAPH SHOWING THE NATURE AND LIE OF HOUSENO. 4. |
Crl.M.C.No.4547/2022 5
Annexure L A TRUE COPY OF THE PLAINT IN O.S. NO. 28/2024
OF THE MUNSIFF'S COURT, HARIPAD.
Annexure M TINE COPY OF I.A. NO. 01/2024 IN O.S.NO.
28/2024 OF THE MUNSIFF'S COURT, HARIPAD
Annexure N TRUE COPY OF ORDER DATED 19/01/2024 OF
MUNSIFF'S COURT, HARIPAD.
RESPONDENTS’ ANNEXURES:
annexure R2(1) The true copy of the complainant filed by
respondents Nos. 2 and 3 before the Ld. JFCM
Court-II Harippad dated 17/5/2022.
1 issue framed by the court
Whether the Crl.M.C. seeking quashing of the complaint in MC No.53/2022 could be disposed of with a time-bound direction to the Magistrate?
1 provisions across 1 enactments
Muraleedharan
Ajitha
State of Kerala represented by Public Prosecutor, High Court of Kerala, Ernakulam
Geetha
Chippy
Sophy Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court