V.Dhanya v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.D.RAJAN TUESDAY, THE 20TH DAY OF OCTOBER 2015/28TH ASWINA, 1937 Crl.MC.No. 6539 of 2015 () --------------------------- CRIME NO. 212/2015 OF ADOOR POLICE STATION, PATHANAMTHITTA ------------------------------------------------------- PETITIONER(S)/ACCUSED:
------------------------------------------ V.DHANYA AGED 27 YEARS W/O. DINESHKUMAR, MEENAKSHI SADANAM VEETTIL KONNAMANKOM P.O, ADOOR TALUK PATHANAMTHITTA DIST 691 523 BY ADV. SRI.K.K.JAYARAJ NAMBIAR RESPONDENT(S)/STATE AND DEFACTO COMPLAINANT : ----------------------------------------------------------------------------------
1. STATE OF KERALA (REP.BY THE SUB INSPECTOR OF POLICE ADOOR POLICE STATION-CR. NO 212/2015 OF ADOOR POLICE STATION) REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM
2. DINESHKUMAR, AGED 31 YEARS S/O. CHANDRAN NAIR, CHANDRAVILASOM VEETTIL THENGINAL MURI, PAYYANALLOOR P.O, PALLICKAL VILLAGE ADOOR TALUK, PATHANATHITTA DISTRICT 689 645 R1 BY PUBLIC PROSECUTOR SMT.MAYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VS
Crl.MC.No. 6539 of 2015 () --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- ANNEXURE A1 CERTIFIED COPY OF THE FIR IN CRIME NO 212/2015 OF ADOOR POLICE STATION, ON THE FILE OF THE JUDCIAL FIRST CLASS MAGISTRATE'S COURT, ADOOR ANNEXURE A2 TRUE COPY OF THE CIRCULAR NO. 20/2011 DATED 21-07-2011 ISSUED FROM POLICE HEADQUARTERS, THIRUVANANTHAPURAM RESPONDENT(S)' EXHIBITS NIL --------------------------------------- /TRUE COPY/ PA TO JUDGE VS
P.D.RAJAN, J.
----------------------------------------------------------- ----------------------------------------------------------- Dated this the 20th day of October, 2015
ORDER
This petition is filed under Section 482 of the Code of Criminal Procedure, for quashing Annexure A1 First Information Report, in Crime No.212/2015 of Adoor Police station, filed under Section 57 of the Kerala Police Act.
2. The facts of the case in a nutshell is that the marriage between the petitioner and second respondent was solemnized on 20.01.2011 at Parthasaradhi swamy temple, Adoor, as per Hindu religious and rites. In the wedlock one child was born to them. At the time of marriage, a sum of Rs.25 lakhs and 50 sovereigns of gold ornaments were given to the second respondent by the parents of the petitioner. The second respondent misappropriated the money and gold ornaments for his own purposes. From the beginning of the marriage, the second respondent and his parents
harassed the petitioner mentally and physically, demanding more dowry. The second respondent is a drunkard and he has no love and affection towards the petitioner and his child. When their relationship got strained, the petitioner approached the Family Court, Pathanamthitta by filing O.P.(HMA)No.919/2015, seeking dissolution of the marriage. The second respondent had filed a complaint on 19.02.2015 for 'person missing' and accordingly, the above crime has been registered under Section 57 of the Kerala Police Act by the first respondent. Being aggrieved by that she preferred this petition.
3. Heard the learned counsel for the petitioner and the learned Public Prosecutor, appearing for the first respondent.
4. The learned counsel for the petitioner contended that the petitioner is not missing and now residing in her friend's house in Thrissur district and today when the case is taken up, she is present before this Court. Annexure A1 was filed by the second respondent only to harass her. In the circumstances, the petitioner prays to quash Annexure A1, invoking the inherent
jurisdiction vested in this Court. The learned Public Prosecutor submitted that the petitioner is changing her location and therefore Police could not trace out the missing wife of the second respondent and not yet interrogated.
5. For ascertaining the truth of the allegation the investigating agency has to question the parties. In the circumstances, the petitioner is directed to appear before the investigating officer to find out the truth of the allegation. If the investigating agency, after interrogation, feels that there is no man missing in their case, they shall close the matter and set her at liberty. Since a dispute is pending as O.P.(HMA)No.919/2015 before the Family court, Pathanamthitta, they can choose their proper forum for settling the disputes between them. This criminal miscellaneous case is closed, directing the petitioner to appear before the investigating officer on 28.10.2015.
Sd/- P.D.RAJAN JUDGE vs