RAJAN Vs. JOSEPH AND ORS.

JUDGEMENT

(1.) Leave granted.

(2.) This appeal by way of special appeal arises out of judgment dated 20.3.2013, passed by the High Court of Kerala at Ernakulam in Crl. M. C. No.1325 of 2007, allowing the application filed u/s 482 Cr.P.C. and quashing the proceeding initiated against the respondents in C.C. No.994 of 2006 u/s 304A IPC, pending before Judicial First Class Magistrate, Kodungallur, Thrissur District, Kerala.

(3.) Brief facts which led to the filing of this appeal are as under:- The appellant herein is the husband of the deceased-Ammini, who was working as a maid for more than five years in the house of the respondents No.1 & 2. Ammini died on 15.4.2005 due to electric shock allegedly sustained by her while working on washing machine in the house of the respondents No. 1 & 2. Initially, the case was registered by the Mathilakam Police as "unnatural death" u/s 174 Cr.P.C, but after investigation 'refer report' was filed, stating that it was "accidental death". The appellant filed a private complaint before the JMFC and the Magistrate took cognizance of the case u/s 304A IPC and issued summons to the respondents. The respondents approached the High Court, praying for quashing the case pending before JMFC. High Court allowed the application thereby quashing the proceedings initiated against respondents under Section 304A IPC. In this appeal, appellant assails the correctness of the said order.