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2023 Supreme(Ker) 219

K. BABU
VARGHESE ABRAHAM S/O M. C. ABRAHAM – Appellant
Versus
SHINU P. VARGHESE S/O P. C. VARGHESE – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: GEORGE ABRAHAM PACHAYIL, AJEESH S. BRITE, ARUN PAUL KAPRASSERY, JEBI MATHER HISHAM.
For the Respondents: S. NITHIN, VISHAK K. JOHNSON, G. SUDHEER.

ORDER :

1. The petitioners in these Crl. M.C. are accused in C.C. Nos. 164, 165 of 2015, and 23/2016 on the file of the Chief Judicial Magistrate Court, Pathanamthitta. They are alleged to have committed offences punishable under Sections 120-B and 500 of the Indian Penal Code. The Court below took cognizance of the offences based on the private complaints filed by the respective respondents in the Crl. M.C. These petitions have been filed seeking quashing of the proceedings against the petitioners.

2. The petitioners are elected members in the Parish governing committee of an Orthodox Church’s Parish named St. Johns Salem Orthodox Church, Ayroor, under the ecclesiastical governance of the Metropolitan Bishop of Nilakkal diocese in Pathanamthitta District. The party respondents in the Crl. M.C. are members of the Parish. There exist differences of opinion among two groups of members in the Church.

3. The party respondents had filed a representation dated 5.12.2014 before the Head of the Church, the Malankara Metropolitan Catholicose, who referred the same to the Metropolitan Bishop of the Nilakkal Diocese for inquiry. The Parish governing committee prepared Annexure A2 statement signe

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