Kerala High Court
Jenny George vs State Of Kerala on 17 July, 2025
2025:KER:52604
Crl.M.C.No.6195/2025 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
THURSDAY, THE 17TH DAY OF JULY 2025 / 26TH ASHADHA, 1947
CRL.MC NO. 6195 OF 2025
MC NO.9 OF 2025 OF JUDICIAL MAGISTRATE OF FIRST
CLASS,CHANGANACHERRY
PETITIONER/RESPONDENT:
JENNY GEORGE, AGED 30 YEARS
S/O GEORGE ISSAC, RESIDING AT KADAVIL HOUSE, KANNIMALA
P.O., ERUMELY, KOTTYAM DISTRICT., PIN - 686509
BY ADVS.
SRI.MANUEL KACHIRAMATTAM
SMT.MERRY GEORGE
RESPONDENTS/STATE/PETITIONER:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
ERNAKULAM., PIN - 682031
2 SIYA SAJI, AGED 27 YEARS
D/O SAJI, RESIDING AT P.S. VILLA MUTHUMOOLA,
VAZHAPPALLY P.O., VAZHAPPALLY VILLAGE, CHANGANACHERRY
TALUK, KOTTAYAM DISTRICT., PIN - 686103
SRI SUDHEER.G, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
15.07.2025, THE COURT ON 17.07.2025 PASSED THE FOLLOWING:
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Crl.M.C.No.6195/2025 2
ORDER
The respondent in M.C.No.9/2025 on the files of the Judicial First
Class Magistrate Court-I, Changanassery, has filed this petition under
Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to quash the
proceedings in the above said case. The former wife of the petitioner
herein has instituted the complaint in M.C.No.9/2025 under Section 12 of
the Protection of Women from Domestic Violence Act, 2005 (hereafter
referred to as 'the Act') for various reliefs including compensation
Rs.10,00,000/- for the cruelty meted out to her by the petitioner, by raising
unfounded allegations in an application before the Kanjirappally Eparchial
Tribunal, alleging amorous relationship with another person.
2. The marriage between the petitioner herein and the second
respondent (the petitioner in M.C.No.9/2025) was dissolved on 29.11.2024,
by a decree of divorce by mutual consent of the Family Court, Pala.
Simultaneous with the said verdict of the Family Court, C.C.No.148/2022, a
case relating to the offence under Section 498A I.P.C allegedly committed
by the petitioner herein, and M.C No.13/2022, a previous petition filed
under the Act before the Judicial First Class Magistrate Court-I,
Kanjirappally, were settled by way of mediation. As per the terms and
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conditions of the above mediation agreement, it was agreed that the
petitioner and the second respondent herein shall not resort to any acts
causing hardships to each other by way of public statements or other
means of representation through social media. However, the petitioner
instituted an application before the Eparchial Tribunal of the Kanjirappally
Diocese on 06.01.2025 for declaration of nullity of the marriage with the
second respondent, stating the reason that the second respondent was
unchaste and she maintained adulterous relationship with a police officer
while she remained as the wife of the petitioner. Alleging that the above
application filed by the petitioner before the Eparchial Tribunal amounted to
cruelty and mental torture, in violation of condition No.4 of the mediation
agreement, the second respondent had instituted M.C No.9/2025 before
the Judicial First Class Magistrate Court-I, Changanassery, seeking various
reliefs including realisation of compensation Rs.10,00,000/- from the
petitioner. It is the above proceedings before the learned Magistrate,
which the petitioner seeks to quash in the present petition filed under
Section 528 of the BNSS.
3. It is stated in this petition that the Eparchial Tribunal is a
judicial body under the personal law, and that the statement made in the
pleadings in the petition dated 06.01.2025 filed before the said Tribunal is
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covered by absolute privilege, and it cannot be the basis for a defamation
claim. It is further contended by the petitioner that the Eparchial Tribunal
is having power under the personal law/canon law to give judgment on the
basis of the evidence and documents produced before it, and that the
allegations raised by the petitioner in the application filed before the said
Tribunal cannot be the subject matter of a domestic violence claim before
the Magistrate concerned.
4. Heard the learned counsel for the petitioner and the learned
Public Prosecutor representing the first respondent/State.
5. As already stated above, the petitioner seeks to quash the
entire proceedings in M.C No.9/2025 instituted by the second respondent
before the Judicial First Class Magistrate Court-I, Changanassery, seeking
compensation for the alleged mental violence perpetrated upon her by the
petitioner herein, by filing an application before the Eparchial Tribunal,
Kanjirappally stating that she was having amorous relationship with a
police officer during the subsistence of her marriage with the petitioner,
and hence the above marriage has to be declared as null and void. It has
to be stated, at the outset, that the above application submitted by the
petitioner before the so called Eparchial Tribunal, Kanjirappally was totally
unwarranted since the matrimonial relationship between the petitioner and
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the second respondent had already been dissolved by a decree of divorce
by mutual consent dated 29.11.2024, of the Family Court, Pala. So also, it
is seen from the records produced by the petitioner that all issues between
the petitioner and the second respondent were amicably settled in the
mediation conducted in the cases, which were pending before the Judicial
First Class Magistrate Court-I, Kanjirappally as C.C No.148/2022 and M.C
No.13/2022. As per condition No.4 of the Memorandum of Agreement of
Mediation signed by the parties, it was undertaken by the petitioner and
the second respondent that they would not commit any act which would
cause hardships to each other in future. The second respondent had
instituted M.C No.9/2025 before the Judicial First Class Magistrate court-I,
Changanassery upon the contention that the act of the petitioner filing
application before the Eparchial Tribunal with derogatory allegations
against her, had amounted to mental cruelty and violence which need to be
compensated. It is not possible to say that the above complaint preferred
by the second respondent before the learned Magistrate is prima facie not
maintainable. The contention of the petitioner that the derogatory remarks
made by him in the application filed before the Eparchial Tribunal are
having the privilege and protection of law, is totally baseless. The Eparchial
Tribunal or any such Forums constituted by Religious Bodies are not
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recognised by the law of this land. The followers of any religion cannot be
heard to say that the verdicts rendered by such Tribunals constituted by
those Religious Bodies are having statutory recognition. The proceedings
before such parallel judicial forums are devoid of the sanctity of law, and it
cannot have any binding effect upon those parties who refuse to accept the
authority of those forums in deciding their rights and liabilities. At any rate,
the inherent powers of this Court under Section 528 of the BNSS cannot be
invoked to quash the proceedings in M.C No.9/2025 on the files of the
Judicial First Class Magistrate court-I, Changanassery. The maintainability
of the above complaint is a matter to be decided by the learned Magistrate.
The order passed by the learned Magistrate in the above regard is
appealable under Section 29 of the Act before the Sessions Court
concerned. The remedy available to the petitioner is to take recourse to
the above process of law provided under the provisions of the Act.
Accordingly, I find that the present petition is ex facie not maintainable.
The petition stands dismissed in limine.
(sd/-)
G. GIRISH, JUDGE
jsr
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PETITIONER ANNEXURES
Annexure A1 THE CERTIFIED COPY OF THE MEMORANDUM OF
AGREEMENT 25.9.2024 IN C.C. NO. 148/2022 AND
M.C. NO. 13/2022 ON THE FILES OF JUDICIAL
FIRST CLASS MAGISTRATE COURT I KANJIRAPPALLY.
Annexure A2 THE TRUE COPY OF THE JUDGMENT IN O.P. (IDA)
NO. 729/2024 ON THE FILES OF THE FAMILY COURT
PALA.
Annexure A3 THE TRUE COPY OF THE DECREE IN O.P. (IDA) NO.
729/2024 ON THE FILES OF THE FAMILY COURT
PALA.
Annexure A4 THE CERTIFIED COPY OF THE APPLICATION DATED
6.1.2025 FILED BEFORE THE EPARCHIAL TRIBUNAL
OF KANJIRAPPALLY DIOCESE (BISHOP OF
KANJIRAPPALLY DIOCESE).
Annexure A5 THE CERTIFIED COPY OF THE PETITION FILED IN
M.C. NO. 9/2025 ON THE FILES OF JUDICIAL
FIRST CLASS MAGISTRATE COURT I
CHANGANACHERRY.
Annexure A6 THE TRUE COPY OF THE OBJECTION FILED IN M.C.
NO. 9/2025 ON THE FILES OF JUDICIAL FIRST
CLASS MAGISTRATE COURT I CHANGANACHERRY
