The High Court of Kerala quashed a criminal complaint and further proceedings filed regarding an alleged offence in a civil dispute over a property sale agreement. The court held that the matter involved a civil dispute relating to a specific performance suit.
The complainant and the further proceedings in Crl. Misc. Case No. 2096 of 2015 were quashed.
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
WEDNESDAY, THE 04TH DAY OF NOVEMBER 2020 / 13TH KARTHIKA, 1942
Crl.MC.No.1971 OF 2016
AGAINST THE ORDER/JUDGMENT IN CC 2096/2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS , PATTAMBI
PETITIONERS/ACCUSED 2 & 4 TO 8:
3 K.V.MOHAN D.S. S/O.KUNJUNNY, AGED 54 YEARS, KOTTAYIL VALAPPIL,CHAATHANNOOR.P.O., PATTAMBI TALUK.
4 SMT.BEENA W/O.KUNJUNNY, AGED 45 YEARS, KOTTAYIL VALAPPIL,CHAATHANNOOR.P.O., PATTAMBI TALUK.
6 SRI.MANIKANDAN.C.A.
S/O.ARUMUGHAN, MOORKATHPARAMBIL HOUSE,
PATTAMBI.P.O.
BY ADVS. SRI.S.SREEKUMAR (SR.) SRI.P.MARTIN JOSE SRI.M.A.MOHAMMED SIRAJ SRI.P.PRIJITH SRI.THOMAS P.KURUVILLA
RESPONDENTS:
1 THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
Crl.MC.1971/2016 & Crl.MC.2979/2016
2
2 SRI.P.R.RAJEESH S/O.P.N.RAVEENDRAN, PANTHAKKAL HOUSE, MURUTHOOR.P.O., (VIA)MELE PATTAMBI, PIN-679306.
R1 BY ADV. SRI. E.C. BINEESH, PUBLIC PROSECUTOR R2 BY ADV. SRI.K.RAVI PARIYARATH BY ORDER
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 04.11.2020, ALONG WITH Crl.MC.2979/2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
WEDNESDAY, THE 04TH DAY OF NOVEMBER 2020 / 13TH KARTHIKA, 1942
Crl.MC.No.2979 OF 2016
AGAINST THE ORDER/JUDGMENT IN CC 2096/2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS , PATTAMBI
PETITIONERS/ACCUSED 2 AND 4 TO 8:
1 SHIBU P.S. S/O.LATE P.R SANKUNNY, PANTHAKKAPARAMBIL HOUSE, KANNANOOR, THRITHALA P.O, PIN 679 534
2 SANKARAN KUTTY KARATTUPARAMBIL HOUSE, VALANCHERRY P.O, MALAPPURAM DISTRICT
3 SANALKUMAR PARAMELKALATHIL HOUSE, DESAMANGALAM, THRISSUR DISTRICT PIN 679 532
BY ADVS. SRI.S.SREEKUMAR (SR.) SRI.P.MARTIN JOSE SRI.M.A.MOHAMMED SIRAJ SRI.P.PRIJITH SRI.THOMAS P.KURUVILLA
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM
2 SRI.P.R RAJEESH S/O.P.N RAVEENDRAN, PANTHAKKAL HOUSE, MARUTHOOR P.O, (VIA) MELE PATTAMBI, PIN 679 306
R1 BY ADV. SRI. E.C. BINEESH, PUBLIC PROSECUTOR R2 BY ADV. SRI.K.RAVI (PARIYARATH)
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 04.11.2020, ALONG WITH Crl.MC.1971/2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.1971/2016 & Crl.MC.2979/2016
4
ORDER
Cognizance was taken under Section 202
Cr.P.C. and process was issued under Section 204 Cr.P.C. for the offence under Sections 420, 468 and 120B r/w Section 149 IPC based on Annexure-D complaint.
entered into a registered agreement on 31.12.2014. An amount of Rs.6,00,000/- received by way of advance. The period of agreement was upto 30.04.2015. The accused No.2 issued a demand notice calling upon the defacto complainant to perform his part of contract. Thereafter a suit
for specific performance was filed on 12.05.2015. Written statement was submitted by the defacto complainant on 21.07.2015 (Annexure C) admitting a loan transaction and disputed the registered
agreement on the ground of fraud. Annexure-D private complaint was filed alleging offence
Crl.MC.1971/2016 & Crl.MC.2979/2016
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under Sections 420, 468, 120B r/w Section 149
IPC against accused persons after the initiation of the civil suit for specific performance. The learned Magistrate took cognizance on receipt of complaint under Section 202 Cr.P.C. and issued process to the accused. Hence the accused came up to quash Annexure-D complaint and further proceedings in C.C.No.2096/2015 of JFCM, Pattambi.
subject matter is a registered contract for sale,
dated 31.12.2014. The crime was registered subsequent to the institution of suit in O.S. No.119/2015 on 12.05.2015 before the Munsiff
Court, Pattambi (Annexure B). The Annexure-D complaint was submitted on 21.07.2015 after the initiation of civil suit. The witness to the
registered agreement and even the relatives of accused No.2 were made as accused in the crime and dragged them unnecessarily into criminal
proceedings pertaining to a civil dispute. Hence
Crl.MC.1971/2016 & Crl.MC.2979/2016
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Annexure-D complaint and the further proceedings
thereof are hereby quashed.
Both Crl.M.Cs are allowed accordingly.
Sd/-
P.SOMARAJAN
JUDGE
SPV
Crl.MC.1971/2016 & Crl.MC.2979/2016
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APPENDIX OF Crl.MC 1971/2016
PETITIONER'S/S EXHIBITS:
ANNEXURE-A: TRUE COPY OF DOCUMENT NO.3/2015 DATED 31.12.2014
ANNEXURE-B: TRUE COPY OF SUIT AS OS NO.19 OF 2015 ON 12.5.2015 BEFORE THE MUNSIFF'S COURT, PATTAMBI
ANNEXURE-C: TRUE COPY OF WRITTEN STATEMENT IN ANNEXURE-B SUIT FILED BY THE 2ND RESPONDENT BEFORE THE MUNSIFF'S COURT, PATTAMBI ANNEXURE-D: CERTIFIED COPY OF COMPLAINT AS CMP NO.3834 OF 2015 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, PATTAMBI.
RESPONDENTS' EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
Crl.MC.1971/2016 & Crl.MC.2979/2016
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APPENDIX OF Crl.MC 2979/2016
PETITIONER'S/S EXHIBITS:
| ANNEXURE-A | TRUE COPY OF DOCUMENT NO 3/2015 DATED 31- 12-2014 |
|---|---|
| ANNEXURE-B | TRUE COPY OF SUIT AS O.S.NO.119 OF 2015 ON 12.05.2015 BEFORE THE MUNSIFF'S COURT, PATTAMBI |
| ANNEXURE-C | TRUE COPY OF WRITTEN STATEMENT IN ANNEXURE- B SUIT FILED BY THE 2ND RESPONDENT BEFORE THE MUNSIFF'S COURT, PATTAMBI |
| ANNEXURE-C | CERTIFIED COPY OF COMPLAINT AS C.M.P NO 3834 OF 2015 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, PATTAMBI |
RESPONDENTS' EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
2 issues framed by the court
Whether the criminal proceedings initiated in a civil dispute regarding a property sale agreement should be quashed.
Whether accused persons were dragged unnecessarily into criminal proceedings pertaining to a civil dispute.
3 provisions across 2 enactments
Smt. Priya.M.P
P. Leena
K.V. Mohan D.S.
Smt. Beena
Smt. Sarojini
Manikandan.C.A.
P.Somarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
