Umesh, s/o. Balachandran vs State Of Kerala Represented By The Public Prosecutor

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Ker) 541

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR
Umesh, s/o. Balachandran – Appellant
Versus
State Of Kerala Represented By The Public Prosecutor – Respondent

Advocates Appeared:
For the Appellant : ADV SRI.T.M.RAMAN KARTHA
For the Respondent: SR.PP-SRI.A.VIPIN NARAYAN

Table of Content
1. petition under section 482 cr.p.c seeking quashing of proceedings based on annulled marriage. (Para 1 , 2 , 3)
2. court confirms that annulment of marriage negates the legal basis for claiming under section 498a ipc. (Para 5 , 6)

ORDER :

C.PRATHEEP KUMAR, J.

1. 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 1^st 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 2^nd 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 1^st petitioner and the defacto complainant was annulled and as such, the offence under S

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