IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
CRL.MC NO. 6196 OF 2021
AGAINST THE ORDER/JUDGMENT IN MC 73/2021 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -I, ALAPPUZHA
PETITIONERS:
1 PRAKASHKUMAR P.
AGED 33 YEARS
S/O.PRABHAKARAN, VINAYAKA, NEAR VINAYAKA TEMPLE,
CPC SAI AVENUE, 3RD STGREET, COIMBATORE, PIN - 641
108.
2 SUMITHRA
AGED 55 YEARS
W/O.PRABHAKARAN, VINAYAKA, NEAR VINAYAKA TEMPLE,
CPC SAI AVENUE, 3RD STREET, COIMBATORE, PIN - 641
108.
3 PRABHAKARAN
AGED 64 YEARS
S/O.KRISHNA PILLAI VINAYAKA, NEAR VINAYAKA TEMPLE,
CPC SAI AVENUE, 3RD STREET, COIMBATORE, PIN - 641
108.
BY ADVS.
V.S.CHANDRASEKHARAN
S.JAYAKUMAR
M.V.DAS
LEKSHMI SWAMINATHAN
K.A.SABITHA
R.K.SARASWATHY
RESPONDENTS/COMPLAINANTS:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM - 682 018.
2 SHALINI K.
AGED 30 YEARS
D/O.VALSALAKUMARAN, PUNNAKKAL PURAYIDAM VEEDU,
VALIYAMARAM WARD, THIRUVAMBADI P.O., PIN - 689 595.
SRI P G MANU-SR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
07.07.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.6196 of 2021
..2..
ORDER
This Crl.M.C. has been filed to quash all further proceedings in M.C. No. 73/2021 on the file of the Judicial First Class Magistrate's Court-I, Alappuzha(for short, "the Court below").
2. The petitioners herein are the respondents in M.C. No. 73/2021 pending on the file of the Court below. The 2 nd respondent is the petitioner. The marital relationship between the 2 nd respondent and the petitioner is not in dispute. Admittedly, it is still subsisting. However, the petitioners have got a case that the 2nd respondent eloped with her lover and led an illicit relationship with him. The M.C. No. 73/2021 has been filed by the 2 nd respondent invoking Section 12 of the Protection of Women from Domestic Violence Act(for short, "the DV Act) claiming various reliefs under Sections 18(a), 19(3), 19(8), 21 and 22 of the DV Act.
3. I have heard the learned counsel for the petitioners and also the learned Senior Public Prosecutor. Crl.M.C.No.6196 of 2021 ..3..
4. According to the petitioners, all the allegations in the MC are baseless and unsustainable and the said proceedings have been initiated with an ulterior motive. It is submitted that the 2nd respondent left the home of the 1st petitioner without his consent and started a new life with her lover. It is further submitted that the petitioner filed an Original Petition seeking divorce. It is after the 2nd respondent came to know about the same, MC No. 73/2021 has been filed. It is in these circumstances, the petitioners have approached this Court to quash all further proceedings in MC. No. 73/2021.
Admittedly, the 2nd respondent is the legally wedded wife of the 1st petitioner. The marriage between them is still subsisting. The 2nd respondent has claimed various reliefs against the petitioners on the allegation that she is an aggrieved person and the 1 st petitioner and the 2nd respondent have lived together as husband and wife. So definitely, the 2nd respondent falls within the definition of an "aggrieved person". She can very well maintain a petition under Crl.M.C.No.6196 of 2021 ..4..
Section 12 of the DV Act against the petitioners. The question whether the MC is frivolous or ill-motivated is something to be adjudicated after conducting a full-fledged inquiry. The said question of fact cannot be decided by this Court under the exercise of the power under Section 482 of the Cr.P.C. Hence, reserving liberty to the petitioners to take up all the contentions raised in this Crl. M.C. at the Court below, this Crl. M.C. stands dismissed.
Sd/-
DR.KAUSER EDAPPAGATH, JUDGE RMV Crl.M.C.No.6196 of 2021 ..5..
APPENDIX OF CRL.MC 6196/2021 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE BIRTH CERTIFICATE. Annexure A2 TRUE COPY OF A LETTER OBTAINED FROM JAIN HERITAGE SCHOOL, BANGALORE.
Annexure A3 TRUE COPY OF THE PRINTED VERSION OF WHATSAPP CHAT BETWEEN THE 1ST PETITIONER AND THE 2ND RESPONDENT FROM 03/02/2020 TO 10/02/2020.
Annexure A4 TRUE COPY THE PRINTED VERSION OF THE WHATSAPP DP PHOTOS, WHATSAPP STATUS AND E-MAIL I D PROFILE PHOTO.
Annexure A5 TRUE COPY OF THE POLICE COMPLAINT NCR NO.107/2020 DATED 10/02/2020, BEFORE THE AMRUTHALLI POLICE STATION, BANGALORE.
Annexure A5A ENGLISH TRANSLATION OF A5. Annexure A6 TRUE COPY OF THE LETTER SUBMITTED TO AMRITHAHALLI POLICE STATION BY THE 1ST PETITIONER.
Annexure A7 TRUE COPIES OF THEIR E-MAIL MESSAGES BETWEEN THE 1ST PETITIONER AND THE 2ND RESPONDENT AND FB POST OF MR.ACHU KANNAN.
Annexure A8 TRUE COPY OF THE PHOTOS OF THE MINOR CHILD ALONG WITH THE PETITIONERS.
Annexure A9 TRUE COPY OF MC NO.912/2021 DATED 08/02/2021.
Annexure A10 CERTIFIED COPY OF THE COMPLAINT. Annexure A11 CERTIFIED COPY OF THE PRINTED VERSION OF THE PHONEPAY MESSAGE.