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2026 Supreme(Online)(Ker) 5380

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
UMESH – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.T.M.RAMAN KARTHA
For the Respondents: SR.PP-SRI.A.VIPIN NARAYAN

ORDER

Dated this the 14th day of January, 2026

This is a petition filed under Section 482 Cr.P.C. by the petitioners are the accused in C.C.No.1414/2017 pending before the Judicial First Class Magistrate Court, Mattannur, arising out of Crime No.607/2017 of Iritty Police Station. The offences alleged against the petitioners are under Section 498A of IPC .

2. The prosecution case is that the 1st accused married the defacto complainant as per religious rights and ceremonies and while they were living together as husband and wife he along with the 2nd accused subjected her to cruelty both physically and mentally and also appropriated her 15 sovereigns of gold ornaments and thereby they are alleged to have committed the aforesaid offences.

3. According to the learned counsel for the petitioners, as per Annexure A2 judgment of the Family Court, Kannur, the marriage between the 1st petitioner and the defacto complainant was annulled and as such, the offence under Section 498A IPC will not lie against the petitioners. Therefore, she prayed for quashing all further proceedings against the petitioners.

4. The petition was strongly opposed by the learned Public Prosecutor.

5. From Annexure A2 j

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