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Cites 3 docs
The Protection of Women from Domestic Violence Act, 2005
Section 498 in The Indian Penal Code
Section 482 in The Code Of Criminal Procedure, 1973

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Kerala High Court
Gowrikutty vs State Of Kerala on 26 May, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 15486 of 2008(R)


1. GOWRIKUTTY, W/O.SUDHAKARAN NAIR,AGED 55
                      ...  Petitioner
2. VIJAYAN, S/O.SUDHAKARAN NAIR,AGED 27,

                        Vs



1. STATE OF KERALA,REP. BY DIRECTOR OF
                       ...       Respondent

2. ASGA AJAYAKUMAR, D/O.RAVEENDRAN PILLAI,

3. AJAYAKUMAR NAIR, S/O.SUDHAKARAN NAIR,

4. RUGMINI AMMA, W/O.SANKARAN NAIR,

                For Petitioner  :SMT.SANTHAMMA ISSAC

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :26/05/2008

 O R D E R
                               R.BASANT, J
                        ------------------------------------
                     W.P(C). No.15486 of 2008
                       -------------------------------------
                Dated this the 26th day of May, 2008

                                JUDGMENT

Petitioners are the mother in law and the brother in law of the 2nd respondent who is married to the 3rd respondent and who has initiated proceedings under Section 498 A I.P.C (Ext.P1) and under the Protection of Women from Domestic Violence Act, 2005 (Ext.P3). The 2nd petitioner is one of the accused shown in Ext.P1. Both are shown as respondents in Ext.P3 petition filed under the Protection of Women from Domestic Violence Act, 2005.

2. First of all it is contended that the allegations raised under Section 498 A I.P.C in Ext.P1 are false and therefore the proceedings are liable to be quashed. At this early stage and with the available inputs it would be impossible for this Court to come to a conclusion that the allegations are false. At any rate, Ext.P1 F.I.R cannot be quashed accepting the contentions of the petitioner that the allegations are false. Police are entitled to conduct an investigation to ascertain whether the allegations are true or false. Jurisdiction and responsibility of the police to investigate into the acceptability of the allegations raised in W.P(C). No.15486 of 2008 2 Ext.P1 cannot be taken away by passing any order under Section 482 Cr.P.C in the facts and circumstances of the case.

3. So far as Ext.P3 is concerned, I find the allegations raised do certainly attract action under the provisions of the Protection of Women from Domestic Violence Act, 2005. I am now unable to find any circumstances which can justify the contention that proceedings under the said Act cannot be initiated against the petitioners. The petitioners must appear before the learned Magistrate and raise all their contentions in advance against the proceedings initiated under the Protection of Women from Domestic Violence Act, 2005.

4. The learned counsel for the petitioners finally submits that a short stay may be granted and the court and the authorities may be directed to attempt a harmonious settlement of the disputes between the parties. The petitioners can make that request before the courts/authorities concerned and I have no hesitation to agree with the learned counsel for the petitioners that in the facts and circumstances of this case harmonious settlement of the matrimonial disputes between the spouses must be attempted.

W.P(C). No.15486 of 2008 3

5. This Writ Petition is dismissed with the above observations.

(R.BASANT, JUDGE) rtr/-