ORDER

This Criminal Miscellaneous Case is filed by the accused in CC.

58/2020 pending before the Judicial First Class Magistrate-II, Thamarassery seeking to quash the entire proceedings.

2. Petitioner is the wife of the 2nd respondent. While so, on

24.10.2019 the 2nd respondent moved Annexure A1 complaint before the Judicial First Class Magistrate-II, Thamarassery alleging offence under Section 494 of the Indian Penal Code. Now the petitioner who is the accused in CC 58/2010 contends that it is a case containing false and fabricated materials; offence under Section 494 of IPC is not disclosed in the complaint and that the complaint was preferred with malafide intentions for troubling the petitioner; the Magistrate should have found that the allegations are virtually against the father of the petitioner, but he is not an accused in the complaint. Even without meticulous examination of the evidence, it is apparent that the case would not end in conviction and therefore, this is a fit case for invoking jurisdiction under Section 482 of the Cr.P.C., so as to prevent abuse of process of the court and oppressive resort to criminal adjudicatory process and thus he has prayed for quashing the