The High Court of Kerala dismissed a criminalMiscellaneous petition seeking to quash proceedings. The court held no grounds existed to invoke inherent jurisdiction under Section 482 CrPC and directed petitioners to plead for discharge in the trial court.
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 K.ABRAHAM MATHEW
FRIDAY, THE 23RD DAY OF JUNE 2017/2ND ASHADHA, 1939
Crl.MC.No. 3266 of 2016 ()
CC.NO.1832/2015 OF J.F.C.M.C-I, PATHANAMTHITTA CRIME NO. 145/2013 OF KOODAL POLICE STATION, PATHANAMTHITTA
PETITIONER(S):
1. VIJAYAN, AGED 58 YEARS, S/O NARAYANAN, VALLIYIL HOUSE, KADAPRA POST, PIN:689447 (NOW AT M/S GULF CARGO SERVICES PO BOX NO.H54, DOHA QATAR)
2. AMBILI RAGHAVAN, AGED 51 YEARS, W/O VIJAYAN, VALLIYIL HOUSE, KADAPRA POST, PIN:689447.(NOW AT M/S GULF CARGO SERVICES PO BOX NO. H54, DOHA, QATAR)
3. LAKSHMI VIJAY, AGED 29 YEARS, D/O VIJAYAN, VALLIYIL HOUSE, KADAPRA P.O., PIN:689547, KOIPRAM VILLAGE, KUMBANADU, THIRUVALLA TALUK, PATHANAMTHITTA DIST. PRESENTLY WORKING AT M/S GULF INCON W.L.L, C/O GANESH SREENIVASAN, GENERAL MANAGER, POST BOX 4076, DOHA QATAR.
BY ADV. SRI.T.M.RAMAN KARTHA
RESPONDENT(S):
1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31.
2. SUB INSPECTOR OF POLICE KOODAL POLICE STATION, PATHANAMTHITTA DISTRICT, PIN:689645.
3. P.R.PRAMOD, S/O T.V.PURUSHOTHAMAN, RESIDING AT REVATHY, VALLICODE, PATHANAMTHITTA DISTRICT, PIN:680648.
R1-R2 BY SENIOR PUBLIC PROSECUTOR SRI.K.B.UDAYAKUMAR R3 BY ADV. SRI.C.S.MANILAL R3 BY ADV. SRI.S.NIDHEESH
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 23-06-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 3266 of 2016 ()
APPENDIX
PETITIONER(S)' ANNEXURES
| ANNEXURE I: | A TRUE COPY OF THE DECREE OF DIVORCE IN O.P.NO.1086/2011 OF THE FAMILY COURT, THIRUVALLA. |
|---|---|
| ANNEXURE 2: | CERTIFIED COPY OF THE FIR IN CRIME NO.145/20163 OF KOODAL POLICE STATION. |
| ANNEXURE 3: | TRUE COPY OF THE MARRIAGE REGISTER OF SNDP SAGHA YOGAMS OF KOODAL SOUTH. |
| ANNEXURE 4: | TRUE COPY OF MARRIAGE REGISTER OF SNDP SAGHA YOGAMS OF VALLICODE. |
| ANNEXURE 5: | CERTIFIED COPY OF THE ABOVE FINAL REPORT IN CRIME NO.145/2013 OF KOODAL POLICE STATION. |
RESPONDENT(S)' ANNEXURES
-----------------------NIL
/TRUE COPY/
P.S. TO JUDGE
SKG
K. ABRAHAM MATHEW, J.
Crl.M.C. No. 3266 of 2016
Dated this the 23rd day of June, 2017
O R D E R
Petition filed under Section 482 Cr.P.C.
2.Petitioners are accused 1 to 3 in CC No.1832/2015 on
the file of the Judicial First Class Magistrate Court-I, Pathanamthitta. They are alleged to have committed the offences under Sections 120B, 465, 466, 468 and 471 of the Indian Penal Code. Petitioners 1 to 3 are father, mother and daughter respectively. The prosecution case is that in the register maintained by the SNDP Branch, there was no entry with regard to the gold ornaments given to the 3rd petitioner at the time of her marriage, but, when a dispute arose between the couple, the petitioners and the 4th accused who was the Secretary of the SNDP branch at the relevant time, entered into a conspiracy and the latter made a false entry in the register that she was wearing gold
..2..
Crl.M.C. No. 3266 of 2016
ornaments of 1000 grams. The proceedings are sought to be quashed on the ground that the facts of the case do not attract the offences.
In the result, the Crl.M.C. is dismissed. The petitioners may plead for discharge in the trial court.
Sd/-
K. ABRAHAM MATHEW JUDGE
bka/-
1 issue framed by the court
Whether jurisdiction under Section 482 Cr.P.C. can be invoked to quash proceedings where the petitioners alleged that the amendment to marriage register did not attract any offence.
1 provisions across 1 enactments
VIJAYAN
AMBILI RAGHAVAN
LAKSHMI VIJAY
STATE OF KERALA
K. ABRAHAM MATHEW
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
