Sunday, June 2, 2013

wife files 498a though case already ordered by family court, husband tries quash, HC REJECTS quash



Notes
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  • parties already involved in matrimonial litigation
  • husband has order from family court
  • still wife manages to file 498a
  • husband tries quash before HC stating that allowing the case to continue is an abuse of the process of law
  • HC REFUSES to quash

thoughts
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  • We do NOT know the full details of this case
  • However it is found that Women are regularly filing false , frivilous and vexatious cases just to settle scores or to make a quick buck
  • This happens especially IF the husband wins or is about to win a family court case !!






IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE S.S.SATHEESACHANDRAN

THURSDAY, THE 27TH DAY OF SEPTEMBER 2012/5TH ASWINA 1934

Crl.MC.No. 881 of 2012 (A)
*************************
IN CC.1172/2011 of C.J.M.,THRISSUR

PETITIONER/ACCUSED:*
***************************************

MANIKANDAN K.S., AGED 33 YEARS,
S/O.SUNDARAN,
RESIDING AT PINNACLE RESIDENCY,
FLAT NO.701, TOWER 1, PUNJICKAL,
AYYANTHOLE, THRISSUR-03.

BY ADV. SRI.C.R.REKHESH SHARMA

RESPONDENTS /STATE & COMPLAINANT :-
**********************************************

1. STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM-682031.

2. SMT.SABITHA, AGED 23 YEARS,
D/O.VIJAYAN, RESIDING AT THEKKATT HOUSE,
NETTISSERY VILLAGE,
THRISSUR DISTRICT, PIN 680657.

BY PUBLIC PROSECUTOR SRI. R. RANJITH

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
27-09-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 881 of 2012 (A)

APPENDIX

PETITIONER'S ANNEXURES :

ANNEXURE A : TRUE COPY OF AFFIDAVIT FILED IN O.P. NO.1074/2010 BEFORE FAMILY COURT.

ANNEXURE B : TRUE COPY OF ORDER IN O.P.NO.1074/2010 BEFORE FAMILY COURT.

ANNEXURE C : TRUE COPY OF COMPLAINT DATED 28.2.2011 SUBMITTED BY THE 2nd RESPONDENT.

ANNEXURE D : TRUE COPY OF THE FIR.

ANNEXURE E : TRUE COPY OF FINAL REPORT DATED 31.03.2011 IN C.C.NO.1172 OF 2011 ON THE FILE OF THE CHIEF JUDICIAL MAGISTRATE, THRISSUR.

ANNEXURE F : TRUE COPY OF THE CIRCULAR NO.32 OF 2010 OF U1/61325/2010 ISSUED BY THE DGP KERALA.


RESPONDENTS' ANNEXURES : NIL.


    // TRUE COPY //


    P.A. TO JUDGE


DMR/-


S.S.SATHEESACHANDRAN,J.
---------------------------------------
Crl.M.C. NO. 881 of 2012
----------------------------------------
Dated this the 27th day of September, 2012

ORDER


Petitioner is the accused in a pending case, numbered as C.C.No.1172 of 2011, on the file of the Chief Judicial Magistrate Court, Thrissur. He is being prosecuted for offences punishable under Sections 403, 406, 498(A) and 506(ii) of Indian Penal Code, on a report filed by the Sub Inspector of Police, Town West Police Station, Thrissur.

The crime in the aforesaid case was registered on the complaint given by his wife imputing of matrimonial cruelty and harassment demanding dowry. After investigation report was filed indicting him of the offences as stated supra, and the case numbered as above stated is now pending before the magistrate.    

Petitioner has filed the above petition for quashing the criminal proceedings against him in the case contending that such proceedings are an abuse of process of the court. Allegations imputed against him by his wife are false and totally unworthy of any merit, is his case relying upon some documents produced and also circumstances relating to previous proceedings between the spouses.

Whatever defences available to the petitioner to resist the prosecution, no doubt, can be canvassed before the magistrate. In case, he has got any sustainable ground to seek for discharge on the premise that the charges imputed against him are groundless, it is open to the petitioner to canvass the same as envisaged under Section 239 of the Code of Criminal Procedure.

After looking into the materials produced and also considering the submissions made, I find this is not a fit case for invoking the inherent powers of this court as canvassed for.

Petition is dismissed.


S.S.SATHEESACHANDRAN

JUDGE.

DMR/-