MALYAKEL ABRAHAM JOY Vs. JOHN RAPHAEL

JUDGEMENT

(1.) INVOKING extra-ordinary jurisdiction of this Court under Section 482, cr. P. C. the petitioners have filed this petition for quashing the criminal complaint case No. 861/02 pending in the Court of CJM, Sagar.

(2.) THE case of the petitioners is that they are permanent resident of kerala State and respectable senior religious leaders of the Christian Community of international fame. They are spiritual priests of Brethren Church, which is situated in Trichur and Kochi, Kerala State. The Brethren Church recognizes persons and awards title, i. e. , 'commendation' to those persons who are members of the Church and desire to engage themselves in full time God's work on the understanding that person will strictly abide by the principles of Bibles. The names of such person is printed in Church Bulletin so that members of the church may take note of the said Commendation. On 10-10-1990 respondent john Raphael was awarded commendation by Brethren Assembly East Fort, trichur. Petitioner No. 1 being the elder of the said church signed the letter of commendation. As a result of his commendation, respondent enjoyed the support of the members of the churches. Before commendation, petitioner No. 1 M. A. Joy solemnized the marriage of respondent No. 1 on 12-8-90 in East fort Brethren Assembly, Trichur.

(3.) DURING the year 1997-98, respondent's wife Smt. Sheela Raphael was in Trichur with her parents for her fourth delivery and during this time, she complained to the elders of the Brethren Assembly regarding the ill-treatment and cruelty of respondent (her husband ). Smt. Sheela Raphael apprised the elders of the church that respondent was not taking care of her and not taking her and her children back to Sagar for last 1-1/2 years. She also complained about the physical and mental cruelty meted out to her. She stated that respondent used to beat her almost daily and he also sent a legal notice for divorce from Sagar.