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Midosh Mohan A.M vs State Of Kerala

High Court Of Kerala · Decided on 4 November 2022 · Citation: (2022) 11 KL CK 0046

HON’BLE JUDGES
Dr. Kauser Edappagath, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 482 · Indian Penal Code, 1860 — Section 498A
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Petitions No 7863 OF 2022
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Judgment

5 paragraphs · 167 words

Dr. Kauser Edappagath, J

1.

This Crl.M.C has been preferred to quash all further proceedings in C.C.No.367/2022 on the file of the Judicial First Class Magistrate Court, Kodungallur.

2.

The petitioners are the accused. The 2nd respondent is the defacto complainant. The offence alleged against the petitioners is punishable under Section 498A of IPC.

3.

Having heard the learned counsel for the petitioner and the learned Public Prosecutor, I am not inclined to invoke the jurisdiction under Section 482 of Cr.P.C to quash the proceedings. However, the petitioners are at liberty to file an application for discharge at the court below. The application, if any filed, shall be disposed of by the court below in accordance with law, after hearing both sides. The petitioners are free to raise all the contentions in this Crl.M.C in the application for discharge as well. The personal appearance of the petitioners at the court below is dispensed with till the application for discharge is disposed of.

The Crl.M.C is disposed of.