IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN FRIDAY, THE 21^ST DAY OF JUNE 2024 / 31ST JYAISHTA, 1946 CRL.MC NO. 8112 OF 2023 AGAINST THE ORDER/JUDGMENT DATED IN MC NO.23 OF 2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS, TALIPARAMBA PETITIONER/1ST RESPONDENT IN MC NO.23/2023:

1 SREEKESH NAMBOODIRI T., AGED 38 YEARS S/O T. SANKARAN NAMBOODIRI THIRUMANGALAM ILLOM, NELLIKKODE AMSOM, DESOM, CHEVAYUR P.O. KOZHIKODE DISTRICT, PIN - 673017

2 SANKARAN NAMBOODIRI, AGED 70 YEARS S/O KESAVAN NAMBOODIRI, THIRUMANGALAM ILLOM (GAYATHRY)

NELLIKKODE AMSOM, DESOM, CHEVAYUR P.O., KOZHIKODE DISTRICT, PIN - 673017

3 SAVITHRI K.P., AGED 62 YEARS W/O T. SANKARAN NAMBOODIRI THIRUMANGALAM ILLOM (GAYATHRI)

CHEVAYUR P.O. NELLIKKODE AMSOM, DESOM KOZHIKODE DISTRICT, PIN - 673017 BY ADVS.

M.P.KRISHNAN NAIR SEEMA KRISHNAN K.K.VIVEKANANDAN RESPONDENTS/1ST PETITIONER IN MC NO.23/2023:

1 REMYA K.P., AGED 37 YEARS D/O RAMAN NAMBOODIRI, 'PRANAVAM'

KARTHYERI PARAPPUR ILLAM, KAYYAM, ARIYIL, PATTUVAM P.O. KANNUR DISTRICT, PIN - 670143

2 SAVITHRY T.S. (MINOR), AGED 10 YEARS REPRESENTED BY MOTHR AND GUARDIAN AND 1ST RESPONDENT REMYA K.P., PRANAVAM KARTHYERI PARAPPUR ILLAM, KAYYAM, ARIYIL, PATTUVAM PO.

KANNUR DISTRICT, PIN – 670 143

3 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 BY ADVS.

V.A.SATHEESH V.T.MADHAVANUNNI SRI.RENJIT GEORGE, SR.PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21.06.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

O R D E R

Dated this the 21^st day of June, 2024 This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, and the prayers herein are as under”

“i) To call for the entire records of the petitioners case in respect of MC No.23/2023 on the file of the Hon'ble Judicial First Class Magistrate Court, Taliparamba and all action taken in pursuance thereof;

ii) To declare that the proceedings in MC No.23/2023 pending on the file of the Hon'ble Judicial First Class Magistrate Court, Taliparamba is a clear case of abuse of process of law and court and is liable to be set aside by this Hon'ble Court;

iii) To quash the entire proceedings in MC No.23/2023 on the file of the Hon'ble Judicial First Class Magistrate Court, Taliparamba as the same is a clear case of abuse of process of Court and fraud played by the respondents and acquit the petitioners honourably;

iv) To pass any other order or orders which are deemed fit and proper in the facts and circumstances of the case.”

2. Heard the learned counsel for the petitioners, the learned counsel appearing for the de facto complainant and the learned Public Prosecutor.

3. In fact, the respondents herein, who are mother and child, filed petition under Section 23 of the Protection of Women from Domestic Violence Act, 2005, seeking relief provided under the said Act.

4. According to the learned counsel for the petitioners, there are false allegations in the petition and therefore, the same is liable to be quashed.

5. On perusal of the petition, it appears that the same is a matter to be considered by the Magistrate Court, after permitting the parties to adduce evidence. Therefore, in this case, quashment cannot be considered.

Accordingly, this petition stands dismissed.

Sd/-

A. BADHARUDEEN JUDGE nkr APPENDIX OF CRL.MC 8112/2023 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE FORM OF APPLICATION TO MAGISTRATE Annexure A2 TRUE COPY OF THE MC NO. 23/2023 ON THE FILE OF THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT, TALIPARAMBA Annexure A3 TRUE COPY OF THE CMP NO. 953/2023 IN MC NO. 23/2023 ON THE FILE OF THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT, TALIPARAMBA Annexure A4 TRUE COPY OF THE COUNTER STATEMENT FILED BY THE PETITIONERS IN MC NO.

23/2023 Annexure A5 TRUE COPY OF THE PROOF AFFIDAVIT FILED BY THE 1ST RESPONDENT IN MC NO.

23/2023 Annexure A6 TRUE COPY OF THE ORDER DATED 10-02-

2023 IN CRL. MC NO, 180/2023 OF THE HON'BLE SESSIONS COURT, THALASS