IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
JESSY JAMES – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 975 OF 2024 | CRIME NO.885/2013
| Table of Content |
|---|
| 1. allegations of cruelty must be specific to substantiate charges under ipc. (Para 1 , 2 , 3) |
| 2. court acknowledges the lack of response from the defacto complainant. (Para 4) |
| 3. vague allegations do not justify continued prosecution; they can be an abuse of court process. (Para 6) |
ORDER
Dated this the 23rd day of February, 2026 The accused Nos. 3 to 5 involved in C.C. No. 2548 of 2023 on the file of the Judicial First Class Magistrate Court -I, Chengannur, arising out of Crime No. 885 of 2013 of Mannar police station, have filed this Crl.M.C. under Section 482 of the Cr.P.C., praying for quashing all further proceedings against them. The offence alleged against the petitioners along with the other accused persons is under Section 498A r/w 34 of the IPC .
2. The prosecution case is that the 1st accused, being the husband of the defacto complainant and the other accused persons, being his relatives subjected her to cruelty both physically and mentally, on the ground of dowry and thereby they are alleged to have committed the aforesaid offence.
3. According to the learned counsel for the petitioners, there is no specific allegations against the petitioners so as to make out an offence under Section 498A of the IPC . Moreover, according to the learned counsel, as per Annexure D judgment, the Judicial First Class Magistrate Court -I, Chengannur has already acquitted the accused persons 1 and 2. Therefore, he prayed for quashing all further proceedings against the petitioner.
4. The petition was opposed by the learned Public Prosecutor.
5. Though notice was served on the 2nd respondent/
defacto complainant, she did not turn up.
6. On a perusal of the Annexure A complaint, it can be seen that the main allegations are raised against accused persons 1 and 2 and as against the petitioners herein, there are only general and vague allegations. On a perusal of Annexure D judgment, it can be seen that after a full fledged trial, the learned Magistrate has acquitted accused persons 1 and 2. In the above circumstances, no useful purpose will be served in continuing the proceedings against the petitioners as the same will only be an abuse of the process of the court. Therefore, this Crl.M.C. is liable to be allowed.
In the result, this Crl.M.C. is allowed. All further proceedings against the petitioners in C.C. No. 2548 of 2023 on the file of the Judicial First Class Magistrate Court -I, Chengannur arising out of Crime No. 885 of 2013 of Mannar police station, is quashed.
Sd/-
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