The Kerala High Court quashed the FIR in a cheating case arising from an alleged concealed sub-lease of a Panchayat shop. The court held it was purely a civil dispute and upheld the quashing to prevent abuse of process.
The First Information Report registered under Section 420 IPC is quashed to avoid abuse of process of 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 P.SOMARAJAN
THURSDAY, THE 05TH DAY OF NOVEMBER 2020 / 14TH KARTHIKA, 1942
Crl.MC.No.1190 OF 2020(G)
AGAINST THE ORDER/JUDGMENT IN CC 53/2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, ALUVA
PETITIONER/ACCUSED:
JANSON, AGED 43 YEARS S/O. ANTONY, VELIYATH VEEDU, ALUVA-683 101
BY ADVS. SRI.A.T.ANILKUMAR SMT.V.SHYLAJA
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA, REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031
2 SEBASTIAN AGED 51 YEARS S/O.GEORGE, KAYYATHUVEETTIL ,KONGORPPILLY, ALANGADU, PIN-683 511
RI BY ADV.SRI.RAMESH CHAND, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 05.11.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.1190 OF 2020(G)
2
ORDER
The dispute is pertaining to a sub lease obtained by the defacto complaint from the lessee of the shop room belonged to the Panchayat. It was submitted that the building is belonged to the Panchayat was concealed from the knowledge of the
defacto complainant at the time of lease arrangement. The issue is perfectly a civil dispute. Hence registration of crime under Section 420 IPC cannot be sustained. The same is quashed
so as to avoid abuse of process of court.
The Crl.M.C. is allowed accordingly.
Sd/-
P.SOMARAJAN
JUDGE
SPV
Crl.MC.No.1190 OF 2020(G)
3
APPENDIX
PETITIONER'S/S EXHIBITS:
| ANNEXURE-A | THE CERTIFIED COPY OF THE COMPLIANT IN CC NO.53/2007 ON THE FILE OF THE JFCM- COURT-1,ALUVA |
|---|---|
| ANNEXURE-B | THE TRUE COPY OF THE AGREEMENT DATED 12.11.2015 EXECUTED BETWEEN THE PETITIONER AND 2ND RESPONDENT |
| ANNEXURE-C | THE TRUE COPY OF THE AGREEMENT BETWEEN THE PETITIONER AND ONE VARGHESE |
| ANNEXURE-D | THE TRUE COPY OF THE PLAINT IN OS NO.722/2016 MUNSIFF COURT, PARAVUR |
RESPONDENTS' EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
1 issue framed by the court
Whether registration of crime under Section 420 IPC can be sustained in a dispute pertaining to a sub-lease where ownership belonging to Panchayat was concealed.
1 provisions across 1 enactments
JANSON, AGED 43 YEARS S/O. ANTONY
STATE OF KERALA
SEBASTIAN AGED 51 YEARS S/O.GEORGE
P.SOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
