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2026 Supreme(Online)(Ker) 445

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
NELSON CHIRAYIL – Appellant
Versus
A.B. SREEKALA – Respondent
CRL.MC NO. 2118 OF 2022



Advocates:
For the Appellants/Petitioners: SRI.MATHEW KURIAKOSE, SRI.J.KRISHNAKUMAR (ADOOR)
For the Respondents: PUBLIC PROSECUTOR

The court quashes proceedings for lack of jurisdiction and insufficient allegations under Section 500 IPC.

Headnote:This judgment addresses the legality of proceedings initiated by a private complainant under Section 500 of the IPC, against the accused. The accused questions the jurisdiction of the Chief Judicial Magistrate Court and the sufficiency of allegations made. The court finds that even if allegations were to be taken at face value, no offence is established. The proceedings are deemed an abuse of the court process and hence are quashed. The petitioner is exonerated of further proceedings.

Table of Content
1. challenge to jurisdiction and sufficiency of allegations. (Para 1 , 2)
2. court's observation on the validity and implications of the complaint. (Para 3 , 4)

ORDER

Dated this the 07th day of January, 2026 The petitoner is the accused in C.C No. 8 of 2021 on the file of the Chief Judicial Magistrate Court, Ernakulam, which was initiated on a private complainant filed by the 1st respondent alleging offences punishable under Section 500 of the IPC .

2. One of the contentions raised by the learned counsel for the petitioner is that the Chief Judicial Magistrate Court, Ernakulam, had no territorial jurisdiction to entertain the matter. Another ground raised is that the allegations levelled against him do not constitute the offence under Section

500 of the IPC .

3. Though notice was served on the 1st respondent/defacto complainant, she did not turn up. The petition was opposed by the learned Public Prosecutor.

4. In Annexure A complainant the allegation raised against the petitoner is that the proof affidavit filed by him in a suit, some defamatory imputations were raised against the defacto complainant. On receiving a copy of the proof affidavit, she entrusted the same to a friend of her counsel at Ernakulam. After reading the proof affidavit, the counsel informed her that there were some defamatory imputations against her in the said proof affidavit. Thereafter, the friend of the counsel, who is known to her disclosed those defamatory allegations against the defacto complainant to some other persons. Even if the entire allegations raised against the petitioner are believed in its face value, the offence under Section 500 of the IPC is not made out against the petitioner.

In the above circumstances, no useful purpose will be served in continuing the proceedings against the petitioner, as it will be an abuse of the process of the Court. In the result, this Crl.M.C is allowed. All further proceedings against the petitioner in C.C No. 8 of 2021 on the file of the Chief Judicial Magistrate Court, Ernakulam, is quashed.

Sd/-

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