Kerala High Court
Peethambara Menon vs Manju on 3 September, 2024
Author: P.V. Kunhikrishnan
Bench: P.V.Kunhikrishnan
2024:KER:66800
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 3RD DAY OF SEPTEMBER 2024 / 12TH BHADRA, 1946
CRL.MC NO. 35 OF 2016
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.3962 OF 2014 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -I,THRISSUR
PETITIONERS/ACCUSED:
1 PEETHAMBARA MENON
ELATHURUTHIL HOUSE, MALA, KUZHUR,
THRISSUR DISTRICT,
NOW RESIDING AT F3, MULLAKKAL PALACE,
VADAKKEKOTAVATHIL, THRIPUNITHURA, NADAMA VILLAGE,
KANAYANNUR TALUK, ERNAKULAM DISTRICT.
2 SARADA P MENON
W/O.PEETHAMBARA MENON, ELATHURUTHIL HOUSE,
MALA, KUZHUR, THRISSUR DISTRICT,
NOW RESIDING AT F3, MULLAKKAL PALACE,
VADAKKEKOTAVATHIL, THRIPUNITHURA, NADAMA VILLAGE,
KANAYANNUR TALUK, ERNAKULAM DISTRICT.
3 SUNIHTA
D/O.PEETHAMBARA MENON, ELATHURUTHIL HOUSE, MALA,
KUZHUR, THRISSUR DISTRICT,
NOW RESIDING AT F3, MULLAKKAL PALACE,
VADAKKEKOTAVATHIL, THRIPUNITHURA, NADAMA VILLAGE,
KANAYANNUR TALUK, ERNAKULAM DISTRICT
BY ADVS.
SRI.K.RAMAKUMAR (SR.)
SMT.ASHA BABU
SMT.R.S.ASWINI SANKAR
SRI.S.M.PRASANTH
SMT.S.PARVATHI
SRI.G.RENJITH
CRL.MC NO. 35 OF 2016 2
2024:KER:66800
RESPONDENTS/COMPLAINANT, STATE & 1ST ACCUSED:
1 MANJU
D/O.NARAYANAN NAIR, PERUMBALAYIL HOUSE,
PERUMBILLISSERY, CHERPU,
THRISSUR DISTRICT-680 561.
2 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682 031.
3 JAYAN K.P.
S/O.E.PEETHAMBARA MENON, ELATHURUTHIL HOUSE,
MALA, KUZHUR, THRISSUR DISTRICT,
NOW RESIDING AT F3, MULLAKKAL PALACE,
VADAKKEKOTAVATHIL, THRIPUNITHURA, NADAMA
VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT
BY ADV
T.U.ANUKRISHNA
SRI. RENJITH T.R SR PP
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
03.09.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
CRL.MC NO. 35 OF 2016 3
2024:KER:66800
P.V. KUNHIKRISHNAN,J.
-----------------------------------
Crl.M.C.No.35 of 2016
------------------------------------
Dated this the 3rd day of September, 2024
ORDER
This Criminal Miscellaneous Case is filed to quash
Annexure A, private complaint which is pending before the Judicial
First Class Magistrate Court-I, Thrissur as C.C No.3962/2014. The
above case is filed alleging offences punishable under Sections 406,
420, 325 r/w Section 34 of IPC. The petitioners are the parents and
sister respectively of one Mr. K P Jayan, who married the
complainant.
2. After hearing the counsel for the petitioners and the
counsel appearing for the respondents, I am of the considered
opinion that, the contentions raised by the petitioners are to be
raised before the trial court by filing a discharge petition at the
appropriate stage. Considering the facts and circumstances of the
case, if the petitioners file an application for exemption, the learned
Magistrate will allow the same on condition that, the petitioners will
appear before the learned Magistrate on posting days on which their
presence is inevitable.
2024:KER:66800
Therefore, this Criminal Miscellaneous Case is disposed of
with the following directions:-
(i) The petitioners are free to file a discharge
petition before the trial court at the appropriate
stage and all the contentions raised by the
petitioners in this Criminal Miscellaneous Case
are left open.
(ii) If the petitioners file an application for
exemption from personal appearance, the learned
Magistrate will allow the same on condition that,
the petitioners will appear before the court on
posting days on which their presence is
inevitable.
Sd/-
P.V KUNHIKRISHNAN
JUDGE
MSA
2024:KER:66800
PETITIONER ANNEXURES
ANNEXURE-A1.TRUE COPY OF THE COMPLAINT
FILED BY THE 1ST RESPONDENT BEFORE THE
JFMC, THRISSUR.
