SUNNY MATHEW Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Miscellaneous Case has been filed under Sec. 482 of the Code of Criminal Procedure ('Cr.P.C' for short hereafter), seeking the relief to quash Annexure H complaint in C.M.P.No.1720/2020 on the files of Judicial Magistrate of First Class-I, Kottarakara.

(2.) Heard the learned counsel for the petitioners and the learned Public Prosecutor in detail. Heard the learned counsel appearing for the 2nd respondent also. Perused the relevant documents.

(3.) In this matter Annexure H complaint, of which Annexure G also forms part, has been filed under Sec. 12 of the Protection of Women from Domestic Violence Act, 2005 ('DV Act' for short) by one Kunjumol Das, before the Judicial First Class Magistrate-I, Kottarakara, is under challenge. The respondents in Annexures H and G are Sunny Mathew, Sam Mathew, Jolly Mathew, and Soniya Mathew. Earlier Soniya Mathew, the 4th respondent in Annexure H complaint and her minor daughter filed M.C.No.6/2020 before the Judicial First Class Magistrate Court-I, Mavelikara against Anish Das, her husband and Kunjumol Das, the mother-in-law. Along with the M.C.6/2020, CMP.668/2020 was also filed. As per Annexure C order dtd. 30/1/2020, the learned Magistrate restrained Anish Das and Kunjumol Das from committing any act of physical or mental torture against the petitioners in the M.C, until further orders. While so, Kunjumol Das filed Annexure H complaint under Sec. 12 of the DV Act and the main prayer therein was to restrain respondents 1 to 4 therein from entering upon the residence of Kunjumol Das.