Kerala High Court
Gireesh vs State Of Kerala on 10 October, 2024
2024:KER:75839
CRL.MC Nos.6640/2021, 6643/2021,
4582/2024 & 4605/2024
-1-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
THURSDAY, THE 10TH DAY OF OCTOBER 2024 / 18TH ASWINA, 1946
CRL.MC NO. 6640 OF 2021
CC NO.719 OF 2021 OF JUDICIAL MAGISTRATE OF FIRST
CLASS,VAIKOM
PETITIONER/ACCUSED NO.2:
SINDHU C.K.,
AGED 38 YEARS, D/O. KAMALAM,
CHERUVIL PUTHENPURA,
MARANGOLI P.O., KOTTAYAM DISTRICT,
NOW R/AT NGO QUARTERS 1A-7/75,
KAKKANAD, ERNAKULAM.
BY ADV A.ARUNKUMAR
RESPONDENTS/STATE/DEFACTO COMPLAINANT/ACCUSED NO.1:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM-682031.
2 SMITHA GIREESH,
AGED 37 YEARS, W/O.GIREESH,
KALAYIL VEETTIL,
AYAMKUDY P.O., MUTTUCHIRA VILLAGE,
VAIKOM TALUK, KOTTAYAM DISTRICT.
3 GIREESH,
AGED 40 YEARS, S/O.GOPI,
PUNCHAVALLIL VEETTIL,
ARUNNOTTIMANGALAM P.O.,
KADUTHURUTHY VILLAGE,
VAIKKOM TALUK, KOTTAYAM DISTRICT.
2024:KER:75839
CRL.MC Nos.6640/2021, 6643/2021,
4582/2024 & 4605/2024
-2-
R1 SRI.RENJIT GEORGE, SENIOR PUBLIC PROSECUTOR
R2 BY ADV V.VISAL AJAYAN
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD
ON 10.10.2024, ALONG WITH CRL.MC.4582/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2024:KER:75839
CRL.MC Nos.6640/2021, 6643/2021,
4582/2024 & 4605/2024
-3-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
THURSDAY, THE 10TH DAY OF OCTOBER 2024 / 18TH ASWINA, 1946
CRL.MC NO. 6643 OF 2021
CC NO.928 OF 2021 OF JUDICIAL MAGISTRATE OF FIRST
CLASS,VAIKOM
PETITIONER/ACCUSED NO.1:
SINDHU C.K.,
AGED 38 YEARS, D/O. KAMALAM,
CHERUVIL PUTHENPURA,
MARANGOLI.P.O, KOTTAYAM DISTRICT,
NOW R/AT NGO QUARTERS,
1A-7/75, KAKKANAD, ERNAKULAM.
BY ADV A.ARUNKUMAR
RESPONDENTS/STATE/DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682031.
2 BIJU,
AGED 44 YEARS, S/O.NEELAKANDAN,
EDATTUPARAMBIL VEETTIL,
ARUNNOTTIMANGALAM.P.O., MULAKKULAM VILLAGE,
VAIKOM TALUK, KOTTAYAM DISTRICT.
3 GIREESH,
AGED 40 YEARS, S/O.GOPI,
P/UJCHAVALLIL VEETTIL,
ARUNNOTTIMANGALAM.P.O, KADUTHURUTHY VILLAGE,
VAIKKOM TALUK, KOTTAYAM DISTRICT.
R1 SRI.M.P.PRASANTH, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
10.10.2024, ALONG WITH CRL.MC.4582/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2024:KER:75839
CRL.MC Nos.6640/2021, 6643/2021,
4582/2024 & 4605/2024
-4-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
THURSDAY, THE 10TH DAY OF OCTOBER 2024 / 18TH ASWINA, 1946
CRL.MC NO. 4582 OF 2024
PETITIONER/1ST ACCUSED:
GIREESH,
AGED 45 YEARS, S/O. LATE GOPI,
PUNCHAVALLIL VEETTIL,
ARUNOOTTIMANGALAM P.O, KADUTHURUTHY VILLAGE,
VAIKOM TALUK, KOTTAYAM DISTRICT, PIN-686604
BY ADVS.M.V.BIPIN
A.S.BEENU
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN-682031
2 SMITHA GIREESH,
AGED 41 YEARS, W/O. GIREESH,
KALAYIL VEETTIL,
AYAMKUDY P.O, MUTTUCHIRA VILLAGE,
VAIKOM TALUK, KOTTAYAM DISTRICT, PIN-686613
3 SINDHU.C.K.,
AGED 40 YEARS, D/O.LATE KAMALAM,
CHERUVIL PUTHENPURA,
MARANGOLI.P.O, KOTTAYAM DISTRICT,
NOW R/AT NGO QUARTERS 1A-7/75,
KAKKANAD, ERNAKULAM, PIN-682030
R1 SRI.RENJIT GEORGE, SENIOR PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 10.10.2024, ALONG WITH CRL.MC.6643/2021, 6640/2021 AND
CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
2024:KER:75839
CRL.MC Nos.6640/2021, 6643/2021,
4582/2024 & 4605/2024
-5-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
THURSDAY, THE 10TH DAY OF OCTOBER 2024 / 18TH ASWINA, 1946
CRL.MC NO. 4605 OF 2024
PETITIONER/2ND ACCUSED:
GIREESH,
AGED 45 YEARS, S/O. LATE GOPI,
PUNCHAVALLIL VEETTIL,
ARUNNOTTIMANGALAM.P.O.,
KADUTHURUTHY VILLAGE,
VAIKOM TALUK,
KOTTAYAM DISTRICT, PIN-686604
BY ADVS.M.V.BIPIN
A.S.BEENU
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
PIN-682031
2 BIJU,
AGED 49 YEARS, NEELAKANDAN,
EDATTUPARAMBIL VEETTIL,
ARUNNOTTIMANGALAM.P.O.,
MULAKKULAM VILLAGE,
VAIKOM TALUK,
KOTTAYAM DISTRICT, PIN-686604
2024:KER:75839
CRL.MC Nos.6640/2021, 6643/2021,
4582/2024 & 4605/2024
-6-
3 SINDHU C.K.,
AGED 40 YEARS, D/O. LATE KAMALAM,
CHERUVIL PUTHENPURA,
MARANGOLI.P.O, KOTTAYAM DISTRICT,
NOW R/AT NGO QUARTERS 1A-7/75,
KAKKANAD, ERNAKULAM, PIN-682030
R1 SRI.M.P.PRASANTH, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 10.10.2024, ALONG WITH CRL.MC.4582/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2024:KER:75839
CRL.MC Nos.6640/2021, 6643/2021,
4582/2024 & 4605/2024
-7-
ORDER
Dated this the 10th day of October, 2024
Crl.M.C.Nos.6640/2021 and 4582/2024 have been
filed by accused Nos.1 and 2 in C.C.No.719/2021 on the files
of the Judicial First Class Magistrate Court-I, Vaikom seeking
quashment of the said proceedings. Accused Nos.1 and 2 in
C.C.No.928/2021 on the files of the Judicial First Class
Magistrate Court-I, Vaikom also seek quashment of the said
proceedings.
2. In C.C.No.719/2021, prosecution allegation
is that while the marriage between Gireesh and one Smitha
has been subsisting, Gireesh married Sindhu, who is the 2 nd
accused, thereby committed offences punishable under
Sections 420 and 494 read with 34 of the Indian Penal Code
(IPC for short hereinafter).
2024:KER:75839
CRL.MC Nos.6640/2021, 6643/2021,
4582/2024 & 4605/2024
3. The complainant in C.C.No.928/2021 is Biju,
the former husband of Sindhu. In C.C.No.928/2021, the
allegation is similar as in C.C.No.719/2021, where the
complainant is Smitha.
4. The specific contention raised by the learned
counsel for the petitioners is that Gireesh did not marry
Sindhu as alleged and no documents have been produced by
the prosecution to substantiate the said marriage and also
submitted that the earlier marriage has been subsisting as of
now also, though divorce petition has been pending. The
marriage between Sindhu and Biju already dissolved. The
crucial question herein is whether the accused persons
committed offences punishable under Sections 420 as well as
494 of IPC. The entire dispute centers on the 2 nd marriage
between Gireesh and Sindhu. According to the prosecution,
the 2nd marriage between Gireesh and Sindhu was
2024:KER:75839
CRL.MC Nos.6640/2021, 6643/2021,
4582/2024 & 4605/2024
solemnized, while the first marriage has been subsisting. As
pointed out by the learned counsel for the petitioners, the
prosecution records do not suggest any legal marriage
between Gireesh and Sindhu. On last posting, it is submitted
by the learned counsel for the complainant in
C.C.No.719/2021 that there was a marriage solemnized at
Kailasapuram Sreekrishnaswamy Temple, Kaduthuruthy
during November, 2017 and that there are documents, to
prove the said legal marriage. The learned counsel agreed to
produce the marriage certificate from the temple to
substantiate the offence of bigamy, but he failed to produce
any documents in this regard. Today, it is submitted by the
learned counsel for the complainant that a child born in
relationship between Gireesh and Sindhu, though no other
documents available to see a legal marriage between Gireesh
and Sindhu.
2024:KER:75839
CRL.MC Nos.6640/2021, 6643/2021,
4582/2024 & 4605/2024
5. In fact, the birth certificate of the child
produced shows Gireesh as the father and Sindhu as the
mother, but the same would not prove that there was a legal
marriage in between them. In order to attract offence under
Section 494, there must be cogent prima facie evidence to
see that there was a second marriage, legally.
6. The learned counsel for the petitioners given
emphasis to Annexure A3 in Crl.M.C.No.4582/2024 to
substantiate that during his evidence, the Secretary,
Kailasapuram Sreekrishna Swamy Temple, Kaduthuruthy
denied any legal marriage in between Gireesh and Sindhu..
Annexure A3 is the deposition of the Secretary recorded in
O.P.No.1527/2019 before the Family Court, Ettumanoor and
as per Annexure A3, the submission found to be true.
7. Thus it appears that the prosecution case
alleging bigamy emanates on the premise that Gireesh
2024:KER:75839
CRL.MC Nos.6640/2021, 6643/2021,
4582/2024 & 4605/2024
married Sindhu during subsistence of his marriage with
Smitha, without effecting divorce of the marriage with
Smitha. Since no legal marriage prima facie made out
between Gireesh and Sindhu as per the prosecution
materials and the complainant also failed to produce any
marriage certificate in between Gireesh and Sindhu and the
Secretary of the temple given evidence before the Family
Court, Ettumanoor to the effect that no such marriage
solemnized, the offence of bigamy is not made out prima
facie. In fact, offence of bigamy is the base wherefrom
cheating also was alleged. Therefore, the said offence also is
not made out.
8. Having appraised the facts of this case, the
entire prosecution in both cases is found to be unwarranted
and the same are liable to be quashed.
In the result, this petition stands allowed. All further
2024:KER:75839
CRL.MC Nos.6640/2021, 6643/2021,
4582/2024 & 4605/2024
proceedings in C.C.No.719/2021 and C.C.No.928/2021 on the
files of the Judicial First Class Magistrate Court-I, Vaikom
stands hereby quashed.
Sd/-
A. BADHARUDEEN
JUDGE
bpr
2024:KER:75839
CRL.MC Nos.6640/2021, 6643/2021,
4582/2024 & 4605/2024
PETITIONER'S ANNEXURES
Annexure AI CERTIFIED COPY OF THE COMPLAINT IN
C.C.NO.719 OF 2021 ON THE FILES OF
JFCM-I, VAIKOM.
Annexure AII A TRUE COPY OF THE JUDGMENT DATED
26.11.2015 IN O.P.NO.1613 OF 2014 OF
THE FAMILY COURT, ERNAKULAM.
Annexure AIII A TRUE COPY OF THE COMPLAINT IN
C.C.NO.928 OF 2021 ON THE FILES OF
JFCM-I, VAIKOM.
2024:KER:75839
CRL.MC Nos.6640/2021, 6643/2021,
4582/2024 & 4605/2024
PETITIONER'S ANNEXURES
Annexure AI CERTIFIED COPY OF THE COMPLAINT IN
C.C.NO.928 OF 2021 ON THE FILES OF
JFCM-I, VAIKOM.
Annexure AII A TRUE COPY OF THE JUDGMENT DATED
22.11.2015 IN O.P.NO.1613 OF 2014 OF
THE FAMILY COURT, ERNAKULAM
Annexure AIII A TRUE COPY OF THE COMPLAINT IN
C.C.NO.791 OF 2021 ON THE FILES OF
JFCM-I,VAIKOM DATED 17.1.2020.
2024:KER:75839
CRL.MC Nos.6640/2021, 6643/2021,
4582/2024 & 4605/2024
PETITIONER'S ANNEXURES
Annexure A1 TRUE COPY OF THE CC 719 OF 2021 ON THE
FILES OF JFCM-1, VAIKOM
Annexure A2 TRUE COPY OF THE CC 928 OF 2021 ON THE
FILES OF JFCM-1, VAIKOM
Annexure A3 TRUE COPY OF THE DEPOSITION OF THE
SECRETARY, SREEKRISHNAPURAM SRI KIRSHNA
SWAMI TEMPLE, KADUTHURUTHY RECORDED IN
OP NO. 1527/2019 AS PW2 BEFORE THE
HON'BLE FAMILY COURT AT KADUTHURUTY,
KOTTAYAM
2024:KER:75839
CRL.MC Nos.6640/2021, 6643/2021,
4582/2024 & 4605/2024
PETITIONER'S ANNEXURES
Annexure A1 CERTIFIED COPY OF THE COMPLAINT NO.
CC 928 OF 2021 ON THE FILES OF HON'BLE
JFCM-1, VAIKOM
Annexure A2 TRUE COPY OF THE COMPLAINT NO. CC 719
OF 2021 ON THE FILES OF HON'BLE JFCM-1,
VAIKOM
Annexure A3 TRUE COPY OF THE DEPOSITION OF THE
SECRETARY, KAILASAPURAM SRI KIRSHNA
SWAMI TEMPLE, KADUTHURUTHY RECORDED IN
OP NO. 1527/2019 AS PW2 BEFORE THE
HON'BLE FAMILY COURT AT KADUTHURUTY,
KOTTAYAM
