Kerala High Court
Mathews Mathew Manipadom vs State Of Kerala on 27 August, 2025
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Crl.M.C.No.5553/2025 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
WEDNESDAY, THE 27TH DAY OF AUGUST 2025 / 5TH BHADRA, 1947
CRL.MC NO. 5553 OF 2025
CRIME NO.1084/2024 OF Vadakkancherry Police Station, Palakkad
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.769 OF 2024 OF
JUDICIAL MAGISTRATE OF FIRST CLASS ,ALATHUR
PETITIONERS/ACCUSED NOS.1 TO 3:
1 MATHEWS MATHEW MANIPADOM
AGED 44 YEARS
S/O. MATHEW, MANIPADAM VALIYATHARA HOUSE, UDAYANAPURAM
P.O, VAIKOM KOTTAYAM, PIN - 686143
2 M.M. MATHEW
AGED 70 YEARS
S/O. M.J. MATHEW, MANIPADAM VALIYATHARA HOUSE,
UDAYANAPURAM P.O, VAIKOM KOTTAYAM, PIN - 686143
3 USHA MATHEW
AGED 64 YEARS
W/O. MATHEW, MANIPADAM VALIYATHARA HOUSE, UDAYANAPURAM
P.O, VAIKOM KOTTAYAM, PIN - 686143
BY ADVS.
SMT.GISA SUSAN THOMAS
SMT.G.ASHWINI
SMT.A.R.DIVYA
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
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Crl.M.C.No.5553/2025 2
2 SUB INSPECTOR OF POLICE
VADAKKENCHERRY POLICE STATION, PALAKKAD, PIN - 678683
3 SMT. SOUMYA ANNA THOMAS
AGED 39 YEARS, D/O. M.V. THOMAS, MAMBALAMVEEDU,
MUDAPPALLOOR P.O., PALAKKAD, PIN - 678705
BY ADVS.
SHRI.JACOB SEBASTIAN
SMT.SHAMSEERA. C.ASHRAF
SHRI.WINSTON K.V
SMT.ANU JACOB
SMT.ANJANA KRISHNAN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23.08.2025, THE COURT ON 27.08.2025 PASSED THE FOLLOWING:
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Crl.M.C.No.5553/2025 3
ORDER
Accused Nos.1 to 3 in C.C No.769/2024 on the files of the judicial
first class magistrate court, Alathur has filed this petition under section
528 of Bharatiya Nagarik Suraksha Sanhita, 2023 to quash the
proceedings against them in the said case.
2. The prosecution case is that accused Nos.1 to 3, who are the
husband, father-in-law and mother-in-law of the de facto
complainant/third respondent subjected her to matrimonial cruelty
demanding more dowry. It is alleged that ever since the marriage of the
first petitioner with the de facto complainant, she was being subjected to
mental torture stating inadequacy of the gold and money brought by her
pursuant to her marriage with the first petitioner. The first petitioner is
also alleged to have physically assaulted the de facto complainant on
several occasions.
3. 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 the allegations levelled against the petitioners are
not sufficient to constitute the offence under section 498A I.P.C read with
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Section 34 I.P.C and Section 115(2) Bharatiya Nyaya Sanhita, 2023
alleged against them.
4. Heard the learned counsel for the petitioner, the learned
counsel for the de facto complainant and the learned Public Prosecutor
representing the State of Kerala.
5. The statements given by the de facto complainant to the
Investigating Officer contained clear indications of the physical and mental
violence perpetrated upon her by the first petitioner/first accused. It is
stated by the de facto complainant that the first petitioner often mentally
tortured her for her failure to bring more money. It is also alleged that the
first petitioner, after getting a permanent job in the year 2022, started
avoiding her and her children. Another allegation levelled by the de facto
complainant against the first petitioner is that, on 27.07.2024, when she
wanted to go to her house for meeting her father, the first petitioner
physically assaulted her causing injuries. The de facto complainant had
undergone treatment at the Government Hospital, Vaikom in connection
with the injuries so sustained at the hands of the first petitioner. Thus, it
could be seen that the allegations against the first petitioner would clearly
bring home the requisite particulars of matrimonial cruelty envisaged
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under section 498A I.P.C. However, as against the other petitioners, it is
seen that there are only vague and omnibus allegations that they also
mentally tortured her for her failure to bring more gold and money. Those
superficial allegations against the petitioners 2 and 3 cannot be the basis
for initiating criminal prosecution against them for the offences alleged in
this case. Therefore, the prayer in this petition to quash the proceedings
against petitioners 2 and 3, is liable to be allowed. However, as against
the first petitioner, the criminal prosecution for the offences alleged in this
case, is liable to be continued.
In the result, the petition stands allowed in part as follows:
i) The proceedings against the petitioners 2 and 3 (accused
Nos.2 and 3) in C.C No.769/2024 on the files of the Judicial First Class
Magistrate Court, Alathur which arose out of Crime No.1084/2024 of
Vadakkancherry Police Station, are hereby quashed.
ii) It is made clear that there is absolutely no legal impediment
for the learned magistrate to proceed against the first petitioner/first
accused in connection with the aforesaid crime.
(sd/-)
G. GIRISH, JUDGE
jsr
2025:KER:64863
PETITIONER ANNEXURES
Annexure A1 CERTIFIED COPY OF THE FIS DATED 07/09/2024
LODGED BY THE DE-FACTO COMPLAINANT
Annexure A2 CERTIFIED COPY OF FIR IN CRIME NO.1085/2024
DATED 07/09/2024 OF VADAKKENCHERRY POLICE
STATION
Annexure A3 CERTIFIED COPY OF FINAL REPORT IN CRIME
NO.1085/2024 DATED 29/10/2024 OF
VADAKKENCHERRY POLICE STATION
Annexure A4 PHOTOGRAPHS SHOWING THE INTIMACY BETWEEN THE
1ST PETITIONER AND DE-FACTO COMPLAINANT
Annexure A5 TRUE COPY OF THE COMPLAINT DATED 27.7.2024
SUBMITTED BY THE DE-FACTO COMPLAINANT BEFORE
THE SHO, VAIKOM
Annexure A6 TRUE COPY OF THE RELEVANT PAGES (786) OF THE
PETITION REGISTER
