The High Court of Kerala allowed the petition under Section 482 Cr.P.C. to quash allegations of cheating and criminal breach of trust, finding the accused entry constituted an abuse of process of court and lacking dishonest intention.
The final report in C.C.No.1117 of 2012 is quashed and the petition under Section 482 Cr.P.C. is allowed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD
WEDNESDAY, THE 2ND DAY OF JULY 2014/11TH ASHADHA, 1936
Crl.MC.No. 1707 of 2013 ()
MC 12/2012 of J.M.F.C., KAYAMKULAM DATED
CC 1117/2012 of J.UDICIAL FIRST CLASS MAGISTRATE COURT, KARUNAGAPPALLY CRIME NO. 547/2012 OF KARUNAAGAPALLY POLICE STATION , KOLLAM
PETITIONER(S)/ACCUSED NO. 1 TO 3:
RESPONDENT(S)/STATE AND COMPLAINANT:
S/O.CHELLAPPAN ACHARI, ALUMMOOTTIL, THEKKUMURI AYANIVELIKKULANGARA VILLAGE, KARUNAGAPPALLI KOLLAM-690 521.
R1 BY PUBLIC PROSECUTOR SHRI JUSTIN JACOB
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 02-07-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 1707 of 2013 ()
APPENDIX
PETITIONER(S)' EXHIBITS
ANNEXURE-A: COPY OF THE PETITION IN M.C.NO.12/12 ON THE FILE OF JUDICIAL 1ST CLASS MAGISTRATE COURT, KAYAMKULAM. ANNEXURE-B: CERTIFIED COPY OF THE FIR AND PRIVATE COMPLAINT IN CRIME NO.547/12 OF KARUNAGAPPALLY POLICE STATION ANNEXURE-C: CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.547/12 OF KARUNAGAPPALLY POLICE STATION
RESPONDENT(S)' EXHIBITS: NIL
//TRUE COPY//
A.HARIPRASAD, J.
-------------------------------------Crl.M.C. No.1707 of 2013
Dated this the 2nd day of July, 2014.
ORDER
Petition filed under Section 482 of the Code of Criminal Procedure (in short, “Cr.P.C.”).
Public Prosecutor.
The complainant is the husband of the 1st petitioner/1st accused. Petitioners 2 and 3 (accused 2 and 3) are the father-in-law and mother-in-law of the complainant. It is revealed from the complaint that the marital relationship between the complainant and the 1st accused became
Crl.MC No.1707/2013 2
strained and they locked horns in various litigations. A divorce petition is also pending between the parties. In paragraphs 9 and 10 of Annexure-B complaint, it is averred that the defacto complainant earned a fortune by working abroad and sent money to the account maintained in his wife's name (1st petitioner/1st accused) and without his consent, she withdrew money from the said account. It is also averred that gold ornaments weighting 13 sovereigns was also appropriated by her.
In the result, the petition is allowed. Annexure-C final report in C.C.No.1117 of 2012 of the Judicial First Class Magistrate Court,
3
Crl.MC No.1707/2013
Karunagapally is hereby quashed.
All pending interlocutory applications will stand dismissed.
A. HARIPRASAD, JUDGE.
cks
1 issue framed by the court
Whether the criminal complaint alleging withdrawing money and appropriating gold ornaments without consent constitutes an offence of cheating or criminal breach of trust.
2 provisions across 2 enactments
RAKHI RAM
RAMAKRISHNAN ACHARI
PONNAMMA
STATE OF KERALA
GIRISH KUMAR
A.HARIPRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
