Kerala High Court
Shejoy Varghese vs State Of Kerala on 3 October, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
Crl.M.C. No.7611 of 2018
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2024:KER:73354
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 3RD DAY OF OCTOBER 2024 / 11TH ASWINA, 1946
CRL.MC NO. 7611 OF 2018
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1009
OF 2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,VAIKOM
PETITIONERS/ACCUSED:
1 SHEJOY VARGHESE
AGED 34 YEARS
S/O V.C.VARGHESE VETTIKANAKUDY HOUSE POOPANI
ROAD KARATTUPALLIKARA PERUMBAVOOR PO-683542
ERNAKULAM DISTRICT.
2 SHEENA EMMANUEL,
AGED 44 YEARS
W/O.EMMANUEL JOSEPH, RESIDING AT PUZHAYOORAM
RESIDENTS ASSOCIATION, PALATHINGAL LANE,
NORTH FORT GATE P.O., TRIPUNITHURA-682301.
3 V.C.VARGHESE
AGED 74 YEARS
RESIDING AT VETTIKANAKUDY HOUSE POOPANI ROAD
KARATTUPALLIKARA PERUMBAVOOR PO-683542
ERNAKULAM DISTRICT.
4 RAGEENA VARGHESE,
AGED 70 YEARS
W/O.V.C.VARGHESE, RESIDING AT VETTIKANAKUDY
HOUSE POOPANI ROAD, KARATTUPALLIKARA,
PERUMBAVOOR PO-683542 ERNAKULAM DISTRICT.
BY ADVS.
SRI.K.SHIBILI NAHA
SMT.A.LOWSY
Crl.M.C. No.7611 of 2018
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RESPONDENTS/DEFACTO COMPLAINANT & STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT
OF KERALA, ERNAKUALM, COCHIN-31
2 RITHU MARIYA JOY
AGED 28 YEARS
D/O.JOY JOSEPH, ILLIKKAL HOUSE,
MARAVANTHURUTH P.O., 686608, KOTTAYAM
DISTRICT.
BY ADVS.
P.M.JOSHI
SIJI K.PAUL
SRI.RENJITH.T.R, SENIOR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 03.10.2024, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
Crl.M.C. No.7611 of 2018
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P.V.KUNHIKRISHNAN, J.
--------------------------------
Crl.M.C. No.7611 of 2018
----------------------------------------------
Dated this the 03rd day of October, 2024
ORDER
This Criminal Miscellaneous Case is filed to
quash the proceedings in C.C. No.1009/2016 on the
file of the Judicial First Class Magistrate Court, Vaikom
arising from Crime No.489/2015 of Thalayolaparambu
Police Station, Kottayam. The above case is charge
sheeted against the petitioners alleging offences
punishable under Sections 498A r/w 34 IPC.
2. The prosecution case is that the petitioners
mentally and physically harassed the defacto
complainant and thereby committed the above said
offences.
3. The counsel appearing for the petitioners
raised several contentions. The counsel submitted
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that other litigations were also there in connection
with the matrimonial disputes, and all those
litigations found in favour of the petitioners. It is a
false case foisted against the petitioners is the
submission.
4. The counsel appearing for the 2nd
respondent who is the defacto complainant submitted
that the contentions raised by the petitioners are all
matters of evidence and this Court may not interfere
with the prosecution invoking the powers under
Section 498A IPC.
5. This Court considered the contentions of
the petitioners and the respondents. This Court also
perused Annexure A3 final report. After going
through the final report, I am of the considered
opinion that the contentions raised by the petitioners
are to be raised before the trial court at the
appropriate stage. All the contentions raised by the
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petitioners are left open. Considering the facts and
circumstances of the case and also considering the
fact that it is a matrimonial dispute, the petitioners
can be exempted from personal appearance before
the trial court.
Therefore, this Criminal Miscellaneous Case is
disposed of in the following manner:
1. Petitioners are free to file an
application for exemption from
personal appearance before the
trial court within a period of thirty
days from today.
2. If such an application is received,
the learned Magistrate will allow
the same on condition that the
petitioners will appear on posting
days on which their presence is
inevitable.
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3. All the contentions raised by the
petitioners in this criminal
miscellaneous case are left open
and the petitioners are free to
agitate the same before the trial
court at the appropriate stage.
Sd/-
P.V.KUNHIKRISHNAN
DM JUDGE
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PETITIONER ANNEXURES
ANNEXURE A7 A TRUE COPY OF PETITIONER'S PASSPORT
BEARING NO. 567729918 ISSUED BY THE
UNITED STATES OF AMERICA
ANNEXURE A8 THE CERTIFICATE OF REGISTRATION OF
OVERSEAS CITIZEN OF INDIA ISSUED ON
29-12-2010 BY THE GOVERNMENT OF INDIA
ANNEXURE A4 A TRUE COPY OF THE ORDER IN IN
B.A.NO.3773/2015 DATED 7-06-2015
ANNEXURE A5 A TRUE COPY OF THE APPLICATION FILED
BY THE PETITIONER BEFORE THE JFCM-I
VAIKOM AND NUMBERED AS C.M.P.NO.
ANNEXURE A6 A TRUE COPY OF THE ORDER IN IN C.M.P
NO. 99/2023 DATED 06-02-2023 ON THE
FILES OF THE JFCM-I VAIKOM
ANNEXURE A9 A TRUE COPY OF THE ORDER IN
CRL.M.APPL.NO.1/2023 IN CRL.MC.NO.
7611/2018, DATED 01/03/2023
ANNEXURE A3 A TRUE COPY OF THE FINAL REPORT DATED
25.8.15.
ANNEXURE A2 A TRUE COPY OF THE FIR DATED 12.5.15.
ANNEXURE A1 A TRUE COPY OF THE COMPLAINT DATED
21.4.15.
RESPONDENTS EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
