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
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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 2025:KER:60010 Crl.M.C No.188 of 2025 4 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 2025:KER:60010 Crl.M.C No.188 of 2025 5 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 2025:KER:60010 Crl.M.C No.188 of 2025 6 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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APPENDIX OF CRL.MC 188/2025
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