IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 67 of 2008()
1. MOIDEEN, AGED 39 YEARS,
... Petitioner
2. ABDULLA, AGED 50 YEARS,
3. BEEFATHUMMA, AGED 40 YEARS,
4. USMAN, AGED 40 YEARS,
Vs
1. AYSHA, D/O ISMAIL,
... Respondent
2. STATE- REPRESENTED BY
For Petitioner :SRI.M.SASINDRAN
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :07/01/2008
O R D E R
V. RAMKUMAR, J.
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Crl.M.C.No.67 of 2008
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Dated this the 7th day of January, 2008
ORDER
Petitioners, who are the accused in Crime No.112 of 2005
of Manjeswaram Police Station for offences punishable under
Sections 498A, 323, 506(1) read with 34 IPC and which is
pending before the Chief Judicial Magistrate Court, Kasaragod
as C.C.No.810/2006, seek to quash the entire proceedings before
the Chief Judicial Magistrate, Kasaragod.
2. The main contention in support of this petition filed
under Section 482 Cr.P.C is that with regard to the same
allegation, the de facto complainant had approached the Family
Court, Kasaragod and in the common order dated 19.7.07, the
Family Court had found the said case of the de facto complainant
to be false. In the light of the findings of the Family court it
would be abuse of the process of the criminal court to continue
the prosecution proceedings in C.C.No.810 of 2006. The learned
counsel for the petitioners relies on the decision in Shanti
Kumar Panda v. Shakuntala Devi (2004(1) SC 438). for the
position that findings of the Civil Court are binding on the
Crl.M.C.No. 67 of 2008
2
Criminal Court while the converse is not true.
3. The proposition that the findings of the civil court are
binding on the criminal court is not res integra after the decision
in 2002(8) SCC1987. A decision by a civil court does not bind
the criminal court and vice versa although in a given case it may
be relevant under Section 44 of the Evidence Act. It too early to
hold that in the light of the findings of the civil court, the
prosecution of the petitioners for the aforesaid offences cannot
stand. The petitioners can press into service all the materials on
which they rely on at the appropriate stage of the criminal
prosecution. Reserving this right of the petitioner, this Cr.M.C is
disposed of.
V. RAMKUMAR, JUDGE
sj