Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS FRIDAY, THE 30TH DAY OF OCTOBER 2020 / 8TH KARTHIKA, 1942 CRL.MC.NO.2789 OF 2015 MC 55/2014 OF JUDICIAL MAGISTRATE OF FIRST CLASS, PAYOLY PETITIONER/RESPONDENT: RAJESH, S/O.GOPALAN NAIR, PACHOLATH HOUSE, MENHANNYAM.P.O, KODERICHAL,PERAMABRA,KOYILANDY TALUK,KOZHIKODE. BY ADV. SMT.V.P.SATHI RESPONDENTS/DEFACTO COMPLAINANT & STATE: 1 VINAYA, D/O.GANGADHARAN, VATAKKEPUTHUKKOTT HOUSE, KIZHOOR.P.O, MELADY AMSOM, KIZHOOR DESOM, KOYILANDY TALUK,KOZHIKODE -693121. 2 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM-682031. BY ADV. SMT.K.LASITHA FOR R1 SRI.B.JAYASURYA, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 30.10.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.
Crl.M.C. No. 2789 of 2015 Dated this the 30th day of October, 2020
ORDER
The prayer in the above Criminal Miscellaneous Case filed under Sec.482 of the Code of Criminal Procedure reads as follows: “....quash Annexure-I M.C 55/2014 on the file of the Judicial First Class Magistrate Court, Payoly.”
2. The petitioner seeks quashment of the impugned Anx.A1
proceedings pending on the file of the JFCM, Payoly, as M.C. No.55/2014 initiated by the 1st respondent under the provisions of the Protection of Women from Domestic Violence Act, 2005. The main contention urged by the petitioner is that, the 1 st respondent has already secured maintenance
orders from the Family Court as per Anx.III order dated 11.2.2015 rendered by Family Court, Vatakara, in M.C. No.78/2014 filed by the 1 st respondent herein in which the Family Court has ordered that the petitioner herein (respondent therein) should pay maintenance at the rate of Rs.3,000/- per month to the 1st respondent herein (petitioner therein).
3. It is by now well settled that merely because the Family Court
has passed directions for grant of maintenance to the wife, will not in any manner be a fetter or embargo for initiating proceedings under the Domestic Violence Act. The petitioner has already filed Anx.II counter affidavit in Anx.I M.C. No. 882014 as early as on 16.7.2014. Therefore it is ..3..
not appropriate and right for this Court to keep this petition any longer. All contentions of both sides are left open. It is open to the petitioner to raise all his contentions before the learned Magistrate, including those based on Anx.III order dated 11.2.2015 rendered by the Family Court, Vatakara, in M.C. No. 78/2014. The interim stay granted by this Court will stand vacated. The JFCM, Payoly, will take all reasonable endeavors possible to ensure the final disposal of Anx.I M.C. No. 55/2014 without much delay preferably within a period of 5 months from the date of receipt of a certified copy of this
order.
4. Registry will forward a certified copy of this order to the JFCM, Payoly, who is dealing with M.C. No. 55/2014 as well as to the 1st respondent for necessary information.
With the said liberty, the above Criminal Miscellaneous Case will stand dismissed. Sd/- ALEXANDER THOMAS, JUDGE MMG ..4.. APPENDIX PETITIONER'S EXHIBITS: ANNEXURE I A TRUE COPY OF THE M.C.55/2014 FILED BY THE IST RESPONDENT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE ANNEXURE II A TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE PETITIONER IN M.C.55/2014 ANNEXURE III A TRUE COPY OF THE ORDER DATED 11-02- 2015 IN MC.78/2014 OF THE JUDICIAL FIRST CLASS MAGISTRATE