The Kerala High Court has refused to quash criminal proceedings against an elderly couple accused of subjecting their daughter-in-law to matrimonial cruelty, including allegedly treating her as a “servant” and describing her as a “cancer” in their life. However, the Court quashed the proceedings against the woman’s brother-in-law after finding that the allegations against him were vague and did not identify any specific act of cruelty.
Justice G. Girish passed the order on October 5, 2026, while considering Crl.M.C. Nos. 6904 of 2025 and 1647 of 2024 arising from Crime No. 64 of 2022 of Chottanikkara Police Station.
The case arose from a complaint filed by the wife of the first accused, who alleged that her husband’s parents and elder brother subjected her to matrimonial cruelty over insufficient dowry. Following investigation, the police filed a final report alleging an offence under Section 498A read with Section 34 of the IPC.
The accused approached the High Court seeking to quash the criminal proceedings. They argued that the allegations against them were vague and did not disclose specific acts capable of constituting matrimonial cruelty.
The complaint, however, contained several allegations against the husband’s parents. It was alleged that they treated the woman as a servant without wages and introduced her to others in that manner. The complaint further alleged that they insulted her by saying that the second petitioner had been afflicted with cancer since she came to their residence, and allegedly described the woman herself as a ‘cancer’ in their life.
The High Court found no specific allegation of cruelty against the brother-in-law, apart from a general allegation that he acted with the other accused. The Court also noted the gynaecologist’s statement that the pregnancy termination was carried out with the woman’s consent. It therefore quashed the proceedings against him.
However, the Court found specific allegations against the husband’s parents, including that they treated the woman as a ‘servant’, called her a ‘cancer’ in their life, and subjected her to mental cruelty over alleged dowry demands. The Court held that these allegations were prima facie sufficient to warrant the case proceeding to trial.
“Thus, prima facie, the accusations in the above regard are sufficient to constitute the offence under Section 498A I.P.C. However, the truth or falsity of the aforesaid accusations are to be tested in the trial to be conducted before the learned Magistrate.”
The Kerala High Court quashed the proceedings against the brother-in-law but dismissed the petition filed by the husband’s parents. Considering the parents’ age, the Court directed the Magistrate to grant them permanent exemption from personal appearance and require their presence only on such occasions where it is inevitable for the further progress of the trial.
Case Title : X and Anr. v. State of Kerala and Ors
Case Number : Crl.M.C Nos.6904/2025 & 1647/2024
