Kerala High Court
Arun Thomas vs Consulate General Of India Uae Embassy on 11 August, 2025
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
MONDAY, THE 11TH DAY OF AUGUST 2025 / 20TH SRAVANA, 1947
CRL.MC NO. 188 OF 2025
CRIME NO.685/2023 OF Kodumon Police Station, Pathanamthitta
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.455 OF 2024 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -II,PATHANAMTHITTA
PETITIONERs/ACCUSED 1 to 3
1 ARUN THOMAS
AGED 32 YEARS
S/O THOMAS GEORGE, MELETHIL ARUN VILLA, EDATHITTA P.O,
KODUMON, PATHANAMTHITTA, KERALA, PIN - 691555
2 THOMAS GEORGE
MELETHIL ARUN VILLA, EDATHITTA, P.O, KODUMON,
PATHANAMTHITTA, KERALA, PIN - 691555
3 BEENA ABRAHAM
MELETHIL ARUN VILLA, EDATHITTA, P.O, KODUMON,
PATHANAMTHITTA, KERALA, PIN - 691555
BY ADV SRI.P.V.JEEVESH
RESPONDENT/STATE & DEFACTO COMPLAINANT:
1 CONSULATE GENERAL OF INDIA UAE EMBASSY
AL HAMRIYA, DIPLOMATIC ENCLAVE P.O. BOX NO.737, DUBAI
2 THE UNION OF INDIA THROUGH THE CABINET SECRETARY
CABINET SECRETARIAT, SOUTH BLOCK, RASHTRAPATI BHAVAN,
NEW DELHI, PIN - 110004
3 BUREAU OF IMMIGRATION THROUGH THE HOME SECRETARY
MINISTRY OF HOME AFFAIRS, NORTH BLOCK, NEW DELHI, PIN -
110001
4 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
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Crl.M.C No.188 of 2025
2
5 JASSU VARGHESE
AGED 30 YEARS
D/O GEE VARGHESE, OLIVE HOME, PALLICKAL P.O,
KATTANAM, ALAPUZHA DISTRICT, PIN - 690503
BY ADV O.M.SHALINA, DEPUTY SOLICITOR GENERAL OF
INDIA
OTHER PRESENT:
SMT PUSHPALATHA M.K., SR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 11.08.2025, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
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Crl.M.C No.188 of 2025
3
ORDER
The petitioners are the accused Nos.1 to 3 in C.C
No.455/2024 on the files of the Judicial First Class Magistrate
Court-II, Pathanamthitta. The offences alleged against them are
under Section 498A read with Section 34 of the Indian Penal
Code, 1860, and under Section 4 of the Dowry Prohibition Act,
1961.
2. The prosecution case is that the 1 st petitioner, who
married the defacto complainant on 18.12.2021, has been
treating her with physical and mental cruelty, demanding more
dowry. It is stated that the other petitioners also joined the 1 st
petitioner in subjecting the defacto complainant to severe
physical and mental cruelty. The physical and mental cruelty
meted out to the defacto complainant is said to have continued
at U.A.E also, where the 1st accused has been employed.
3. The case has been registered by the Kodumon Police
on 13.12.2023 on the basis of the First Information Statement
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given by the defacto complainant. After the completion of
investigation, the Sub Inspector of Police, Kodumon, filed the
final report.
4. In the present petition, the petitioners would
contend that they are totally innocent, and that they have been
falsely implicated in this case. It is further stated that, even if
the allegations levelled against the petitioners are accepted as
such, it will not constitute any offence.
5. Heard the learned counsel for the petitioners and
the learned Public Prosecutor representing the State of Kerala.
6. The First Information Statement which the defacto
complainant had given to the Investigating Officer contain clear
indications of the physical and mental cruelty meted out to her
by the petitioners. It is stated by the defacto complainant that
right from the fifth day of her marriage, the 1 st petitioner
started inflicting physical and mental cruelty upon her
demanding more dowry. The above-said cruelty is said to have
continued at Abudhabi, where she was taken by the 1 st
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petitioner. As against the other petitioners, it is alleged in the
First Information Statement that on 19.12.2022, the father of
the 1st petitioner, who has been arraigned as the 2 nd accused,
had slapped on her face in connection with an issue relating to
expenses to the tune of Rs.5,000/- incurred by her. The
mother of the 1st petitioner, who has been arraigned as the 3rd
accused, is alleged to have forcibly taken the defacto
complainant with the help of the other accused, and got her
locked in a room. There are also other allegations pertaining to
the mental cruelty meted out to the defacto complainant by the
petitioners. The statements given by the other witnesses also
corroborate the aforesaid statement given by the defacto
complainant.
7. The learned counsel for the petitioners submitted
that the present crime has been registered on the basis of a
false complaint preferred by the defacto complainant, enraged
by the petition which the 1st petitioner filed before the Family
Court, Mavelikara, for divorce. It is also submitted that the
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defacto complainant is suffering from some sort of personality
disorder.
8. It may be true that the present crime has been
registered pursuant to the issues which resulted in the filing of
petition before the Family Court. However, it is not possible for
this Court, to conclude that a false case has been foisted against
the petitioners due to the above enmity. Nor is it possible to
evaluate the evidence and conclude that the defacto
complainant was suffering from any personality disorder. All
these aspects are to be dealt with by the Trial Court after going
in detail to the evidence to be adduced in the case. At any rate,
the prayer of the petitioners, to quash the proceedings against
them, in exercise of the powers under Section 528 of the
Bharatiya Nagarik Suraksha Sanhita, 2023, cannot be
entertained.
In the result, the petition is hereby dismissed.
Sd/-G.GIRISH
JUDGE
ma/11.08.2025 /True copy/
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PETITIONER ANNEXURES
Annexure A1 THE TRUE COPY OF THE OP DIV NO. 2167 OF
2023 BEFORE THE FAMILY COURT, MAVELIKARA
Annexure A2 THE CERTIFIED COPY OF THE FIR NO.
685/2023 OF KODUMON POLICE STATION
Annexure A3 THE CERTIFIED COPY OF THE CHARGE SHEET
IN CC NO. 455/2024, PENDING ON THE FILES
OF THE JUDICIAL FIRST-CLASS MAGISTRATE
COURT II, PATHANAMTHITTA
Annexure A4 THE TRUE COPY OF THE TRAVEL DOCUMENTS,
DATED 11/14/2024, ISSUED BY THE UNITED
ARAB EMIRATES FEDERAL AUTHORITY OF
IDENTITY AND CITIZENSHIP
