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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. JUSTICE A. BADHARUDEEN, J
EBIN SEBASTIAN – Appellant
Versus
STATE OF KERALA – Respondent
ORDER :
(A. BADHARUDEEN, J.)
Crl.M.C.No.3351/2022 has been filed underSection 482 of the Code of Criminal Procedure and the prayer is as under;
to quash Annexure A1 Final Report in Crl.M.C.No.175/2019 of Chittarikkal Police Station, in C.C.No.912/2019 before the Judicial First Class Magistrate Court-II, Hosdurg.
2. The petitioners herein are accused Nos.1 to 3 in the above case.
3. Heard the learned counsel for the petitioners and the learned Public Prosecutor in detail. No representation for the 2 nd respondent.
4. In this matter, prosecution alleges commission of offences punishable under Section 498A read with Section 34 of the Indian Penal Code (for short IPC hereinafter), by accused Nos.1 to 3.
5. The specific allegation of the prosecution is that the defacto complainant herein, who got married 18 years before and had two male children therein, started to reside separately for about 15 years. While so, the defacto complainant opted doing the job of home nurse for her livelihood. During this period, the 1 st accused, who was doing the job of painting, made acquaintance with her. Thereafter, the defacto complainant and the 1 st accused married at Shiva Temple near Railway Station, Mang
The court upheld that prima facie evidence of cruelty and misappropriation exists, warranting trial despite questions regarding the legality of the marriage.
The court found prima facie evidence to sustain charges under Section 498A IPC, while allegations under Section 420 IPC were not substantiated.
A valid marriage is essential for convicting under Section 498A IPC; annulled marriages negate such charges.
The court held that continuation of proceedings under Section 498A IPC was an abuse of process due to unsubstantiated allegations, emphasizing the need to scrutinize matrimonial disputes carefully.
A marriage annulled by competent authority negates the applicability of Section 498A IPC.
A valid marital relationship is essential for prosecution under Section 498A of IPC; without it, no offence can be established.
Specific allegations of cruelty and misappropriation are sufficient for prosecution under IPC, and no sanction under Section 188 is needed if part of the acts occurred in India.
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