Srimagesh v. The State Of Kerala - Kerala High Court, 27 June 2022

This Crl.M.C has been filed to quash all further proceedings in C.C.No.90/2020 on the file of the Chief Judicial Magistrate Court, Thrissur.

The petitioners are the accused Nos.1 to 4. The 2nd respondent is the de facto complainant.

A crime was registered pursuant to a private complaint filed by the 2nd respondent before the Chief Judicial Magistrate Court, Thrissur. I went through the private complaint as well as the statement of the witnesses in the final report. There are clear averments to attract the ingredients of Section 498A of IPC. Since a prima facie case is made out, the juri iction vested with this Court under Section 482 of Cr.P.C cannot be invoked. Accordingly, the Crl.M.C is dismissed. DR. KAUSER EDAPPAGATH JUDGE ab

CRL.MC NO. 2317 OF 2021 3 APPENDIX OF CRL.MC 2317/2021 PETITIONER ANNEXURES ANNEXURE A CERTIFIED COPY OF THE PRIVATE COMPLAINT AS C.M.P. O. 8513/2019 FIELD BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR. ANNEXURE B CERTIFIED COPY OF THE FIRST INFORMATION REPROT IN CRIME NO. 809/2019 OF THRISSUR WEST POLICE STATION, DATED 18.11.2019. ANNEXURE C CERTIFIED COPY OF THE FINAL REPROT FILED IN C.C. NO. 90/2020 PENDING BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR. ANNEXURE DOF O.P. NO. 751/2018 FILED BY THE 2ND RESPONDENT AGAINST 1T PETITIONER, AND PENDING BEFORE THE FAMILY COURT, THRISSUR. ANNEXURE EOF PETITION AS G.O.P NO. 752 /2018 FILED BY THE 2ND RESPONDENT BEFORE THE FAMILY COURT, THRISSUR 2ND RESPONDENT. ANNEXURE FOF THE PETITION AS M.C. NO. 209/2018 ON THE FILES OF THE FAMILY COURT, THRISSUR FILED BY 2ND RESPONDENT AND SON AGAINST 1ST PETITIONER. ANNEXURE GOF COUNTER FILED BY 1ST PETITIONER TO ANNEXURES D AND F. ANNEXURE HOF THE JOINT STATEMENT FILED BY 1ST PETITION AND 2ND RESPONDENT IN G.O.P. NO. 752/2018 BEFORE THE FAMILY COURT, THRISSUR DATED 16.4.2019. ANNEXURE IOF THE ORDER DATED 4.3.2021 IN CRL.M.C. NO. 4684/2020 PASSED BY THIS HONBE COURT. RESPONDENTS ANNEXURES: NIL