Vimala vs State Of Kerala on 28 January, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 1923 of 2008()


1. VIMALA,AGED ABOUT 64 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.P.M.HABEEB

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.BHAVADASAN

 Dated :28/01/2010

 O R D E R
                            P.BHAVADASAN, J.
                            ---------------------------
                       Crl.M.C No.1923 OF 2008
                         --------------------------------
               Dated this the 28th day of January 2010
               -----------------------------------------------------
                                    ORDER

This is a petition filed under Section 482 Cr.P.C to

quash the proceedings evidenced by C.C No.245/2007 before the

Judicial First Class Magistrate Court II, Kannur as far as the 4th

accused concerned.

2. On going through Annexure A1 complaint, it is

found that the 1st accused had married the 2nd accused during the

life time of his first wife and committed offence punishable under

Section 494 of I.P.C. In the complaint, Smt. K.Beena alleged that

the 1st accused married second accused when the legally valid

first marriage between the 1st accused and her was in existence.

3. The allegation against the petitioner is that she had

aided and abetted the accused Nos.1 and 2 in conducting the

marriage. She denies the allegation and maintain she is innocent.

As contended the allegation now available contains no details.

Conducting the prosecution against the petitioner will be an abuse

of process of the court and a waste of time. It is pointed out that

that is only a general statement and no specific overt acts are

attributed to the petitioners. So no purpose will be served by

proceed against her.

Crl.M.C No.1923 OF 2008           Page numbers


             4.    The grievance seem to be genuine.    The only

allegation against the petitioner is the one already stated. No

other allegations are seen reads against the petitioner.

3. Considering the above aspects, this petition is

allowed and all further proceedings as against the petitioner, 4th

accused in C.C No.245/2007 pending before the Judicial First Class

Magistrate Court-II, Kannur shall stand quashed.

Sd/-

P.BHAVADASAN,
JUDGE
//TRUE COPY//

P.A TO JUDGE

vdv