Kerala High Court
Seetha Sreenivasan vs State Of Kerala on 4 July, 2025
2025:KER:48571
Crl.M.C.No.6272/2023 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
FRIDAY, THE 4TH DAY OF JULY 2025 / 13TH ASHADHA, 1947
CRL.MC NO. 6272 OF 2023
CRIME NO.692/2016 OF NARAKKAL POLICE STATION, ERNAKULAM
AGAINST THE ORDER IN CC NO.471 OF 2019 OF JUDICIAL
FIRST CLASS MAGISTRATE COURT, NJARAKKAL
PETITIONER/ACCUSED NO.2:
SEETHA SREENIVASAN,
AGED 73 YEARS,
W/O SREENIVASAN,
STATE BANK COLONY,
EZHIL NAGAR, PERUMALPURAM P.O,
TIRUNELVELI, TAMIL NADU.,
PIN - 627007
BY ADVS.SRI.ADITHYA RAJEEV
SMT.S.PARVATHI
RESPONDENTS/STATE & DE FACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 RESHMI V.
AGED 43 YEARS
D/O SIVARAJAN, SIVADASA MANDIRAM,
KAVADIPURAM NAGAR-91,
ASRAMAM BHAGOM, KOLLAM EAST VILLAGE,
KOLLAM DISTRICT. PIN 691002
PRESENTLY RESIDING AT SIVADASA MANDIRAM,
ELAMKUNNAPUZHA VILLAGE,
PERUMALPADY BHAGOM,
(EAST OF KARTHEDAM AUDITORIUM),
MALIPURAM P.O, ERNAKULAM DISTRICT.,
PIN - 682511
2025:KER:48571
Crl.M.C.No.6272/2023 2
BY ADVS.SRI.V.JAYAPRADEEP FOR R2
SMT.O.A.NURIYA
SRI.D.S.LOKANATHAN
SRI.ALAN PRIYADARSHI DEV
SMT.LILIN LAL
SRI. SANAL P. RAJ
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
23.06.2025, THE COURT ON 04.07.2025 PASSED THE FOLLOWING:
2025:KER:48571
Crl.M.C.No.6272/2023 3
ORDER
The petitioner is the second accused in C.C.No.471/2019 on the
files of the Judicial First Class Magistrate Court, Njarakkal. The
allegation against her is that, she along with the first accused who is
her son, subjected the de facto complainant to matrimonial cruelty.
2. The first accused who married the de facto complainant on
21.08.2015, is alleged to have physically and mentally tortured her
right from the first night of their marriage. Thereafter, the aforesaid
torture is said to have continued at London as well where the first
accused and the de facto complainant resided together from
26.10.2015 onwards. Later on, the de facto complainant is said to
have returned to her native place unable to bear the inhuman tortures
of the first accused. Even thereafter, the first accused is alleged to
have continued the mental harassment by threatening her that she
would not be permitted to live unless the complaint which she filed
before the London Police, is withdrawn. The petitioner herein is alleged
to have supported the above cruelty of the first accused.
3. In the present petition, the petitioner would contend that a
false and baseless case has been foisted against her. It is further
contended that the trial in this case is barred by Section 188 of the
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Code of Criminal Procedure, 1973 (in short, 'Cr.PC'), for want of
sanction from the Central Government.
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. One of the arguments advanced by the learned counsel for
the petitioner is that the further proceedings against her in
C.C.No.471/2024 on the files of the Judicial First Class Magistrate
Court, Njarakkal, are an abuse of process of court since no sanction as
required under Section 188 Cr.PC for the conduct of trial of the offence
committed outside India, has been obtained. According to the learned
counsel for the petitioner, the whole allegations of matrimonial cruelty
attributed against the first accused are about the incidents happened at
London, and hence the trial cannot be conducted without the sanction
of the Central Government as envisaged under Section 188 Cr.PC.
6. The argument advanced by the learned counsel for the
petitioner in the above regard, is factually incorrect. It could be seen
from the prosecution records that the allegation of cruelty is there right
from the first night of the marriage of the first accused and the de
facto complainant. There is specific contention in the statement of the
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de facto complainant that she has suffered mental trauma due to the
act of the first accused who came in an inebriated stage to the
bedroom on the first night of their marriage. That apart, it is seen
from the statement of the de facto complainant that the matrimonial
cruelty of the first accused continued even after he came back to India
from London. The first accused is alleged to have threatened the de
facto complainant that he would not permit her to live unless she
withdrew the complaint preferred against him at London. Thus, it is
apparent that the offence alleged against the first accused is one of
continuing nature, and not merely confined to the incidents which
happened at London. Therefore, the sanction as required under
Section 188 Cr.PC is not essential for the conduct of the trial of this
case. Needless to say that the challenge raised by the petitioner in the
above regard, is devoid of merit.
7. However, it is pertinent to note that there are only vague
and omnibus allegations levelled against the petitioner/second accused.
The superficial and sweeping allegation that the petitioner supported
the first accused in his acts of cruelty, is not sufficient to direct the
petitioner to face trial for the offence under Section 498A Indian Penal
Code, 1860 (in short, 'IPC') alleged in this case. So also, the vague
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contention that the petitioner had obtained the gold ornaments of the
de facto complainant after her marriage with the first accused, cannot
by itself constitute the offence under Section 498A IPC. Therefore,
there is merit in the contention of the petitioner that the proceedings
against her are liable to be terminated for want of specific allegations
constituting the offence.
In the result, the petition stands allowed. The proceedings
against the petitioner (second accused) in C.C.No.471/2019 on the files
of the judicial first class magistrate court, Njarakkal, which arose out of
Crime No.692/2016 of Njarakkal Police Station, are hereby quashed.
(sd/-)
G. GIRISH, JUDGE
DST
2025:KER:48571
APPENDIX
PETITIONER ANNEXURES
ANNEXURE 1 CERTIFIED COPY OF THE FIRST INFORMATION
REPORT IN CRIME NO.692 OF 2016 OF THE
NARAKAL POLICE STATION, ERNAKULAM DATED
03-06-2016
ANNEXURE-II CERTIFIED COPY OF FINAL REPORT DATED
16-07-2018 IN CRIME NO.692 OF 2016 OF THE
NARAKAL POLICE STATION, ERNAKULAM
ANNEXURE-III A TRUE COPY OF THE JUDGMENT DATED
29-09-2022 IN O.P (OTHERS) NO. 954 OF 2017
OF THE FAMILY COURT, KOLLAM
ANNEXURE-IV A TRUE COPY OF THE INTERIM ORDER DATED
20-12-2022 IN R.P(FC) NO. 232 OF 2021 OF
THIS HON'BLE COURT
ANNEXURE-V A TRUE COPY OF THE RELEVANT PAGE OF THE
AADHAR OF THE PETITIONER
RESPONDENT ANNEXURES
ANNEXURE R1 TRUE COPY OF THE TRIAL COURT PROCEEDINGS IN
CC 471 OF 2019 OF THE JUDICIAL FIRST CLASS
MAJISTRATE COURT NJARAKKAL
ANNEXURE R2 TRUE COPY OF THE JUDGMENT IN OP (CRL)
NO.196/2024 DTED 5.03.24
