Kerala High Court quashed an FIR registered under Section 420 IPC. The court held that police unauthorizedly interfered in a civil dispute regarding breach of contract for sale of immovable property, constituting abuse of process.
The FIR registered under Section 420 IPC and the final report submitted are quashed as abuse of process.
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
FRIDAY, THE 18TH DAY OF DECEMBER 2020 / 27TH AGRAHAYANA, 1942
Crl.MC.No.2134 OF 2020(F)
OS 270/2012 OF SUB COURT, NEYYATTINKARA
CRIME NO.569/2014 OF MALAYINKEEZHU POLICE STATION, THIRUVANANTHAPURAM
PETITIONERS/ACCUSED:
1 LATHIKA, AGED 54 YEARS, D/o SANTHAMMA, KUZHIMAM MELE CHINCHU NIVAS, MALAYINKEEZHU VILLAGE, NEYYATINKARA TALUK, THIRUVANANTHAPRUAM-1.
2 THILAKAN, AGED 58 YEARS, ASSARI, KUZHIMAM MELE CHINCHU NIVAS, MALAYINKEEZHU VILLAGE, NEYYATINKARA TALUK, THIRUVANANTHAPRUAM-1.
BY ADVS.SRI.G.RANJU MOHAN SMT.M.SANTHI (K/868/2011)
RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2 RAJAPPAN, AGED 58 YEARS, S/o NARAYANAN, VISHNU VIHAR, MARUKIL DESOM, MALAYINKEEZHU VILLAGE, THIRUVANANTHAPURAM, 695 571.
R2 BY ADVS. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
SRI.P.J.JOE PAUL SRI.MANU SRINATH
SRI.A.R.DILEEP SRI.RAJAN G. GEORGE R1 BY PUBLIC PROSECUTOR SRI. RAMESH CHAND
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 18.12.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.2134 of 2020
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ORDER
The police has unauthorizedly interfered in a civil dispute regarding breach of an obligation annexed to a contract for sale of immovable property by registering a crime for the offence under Section 420 IPC and submitting a final report to that effect. It amounts to an abuse of process of the court, cannot be permitted to continue even for a moment. The same is quashed.
Crl.M.C. is allowed accordingly.
Sd/-
P.SOMARAJAN
JUDGE
DMR/-
Crl.M.C.No.2134 of 2020
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APPENDIX
PETITIONERS' ANNEXURES:
ANNEXURE A1 THE CERTIFIED COPY OF THE FIR IN CRIME NO. 569/2014 OF MALAYINKEEZHU POLICE STATION, THIRUVANANTHAPURAM.
ANNEXURE A2 THE CERTIFIED COPY OF FINAL REPORT IN CRIME NO. 569/2014 OF MALAYINKEEZHU POLICE STATION, THIRUVANANTHAPURAM. ANNEXURE A3 TRUE COPY OF THE SUIT FILED BY THE DEFACTO COMPLAINANT AS O.S. NO. 270 OF 2012 PENDING BEFORE SUB COURT, NEYYATINKARA.
RESPONDENTS' ANNEXURE: NIL
// TRUE COPY //
P.A. TO JUDGE
1 issue framed by the court
Whether the registration of a criminal case for cheque dishonour or similar civil dispute breaches of contract amounts to abuse of process of the court.
1 provisions across 1 enactments
LATHIKA
THILAKAN
STATE OF KERALA
RAJAPPAN
P.SOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
