Allowed

Shibu P.S. v. State of Kerala

Kerala HC4 Nov 2020Crl.MC/2979/2016

Case brief

AI extract

What is this about?

The High Court of Kerala quashed a private complaint and criminal proceedings alleging cheating, forgery, and criminal conspiracy. The court held the matter involved a civil dispute over a property sale agreement and that subsequent civil litigation made the criminal aspect unsustainable.

What did the court decide?

Annexure-D complaint and further proceedings in C.C. No. 2096/2015 were quashed. Both criminal miscellaneous cases were allowed.

Shibu P.S. Vs State of Kerala — Contract and Commercial Disputes | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.SOMARAJAN

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WEDNESDAY, THE 04TH DAY OF NOVEMBER 2020 / 13TH KARTHIKA, 1942

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Crl.MC.No.1971 OF 2016

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AGAINST THE ORDER/JUDGMENT IN CC 2096/2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS , PATTAMBI

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PETITIONERS/ACCUSED 2 & 4 TO 8:

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1 SMT.PRIYA.M.P W/O.P.S.SHIBU, PANTHAKKAL PARAMBIL HOUSE,THRITHALA.P.O., PIN-679 534.

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2 SMT.P.LEENA W/O.SANKARAN KUTTY, KARATTU PARAMBU, VALANCHERRY.P.O., MALAPPURAM DISTRICT.

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3 K.V.MOHAN D.S. S/O.KUNJUNNY, AGED 54 YEARS, KOTTAYIL VALAPPIL,CHAATHANNOOR.P.O., PATTAMBI TALUK.

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4 SMT.BEENA W/O.KUNJUNNY, AGED 45 YEARS, KOTTAYIL VALAPPIL,CHAATHANNOOR.P.O., PATTAMBI TALUK.

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5 SMT.SAROJINI W/O.LATE P.R.SANKUNNY, PANNAKKAL PARAMBU, KANNANNOOR, THRITHALA.P.O., PIN-679534.

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6 SRI.MANIKANDAN.C.A.

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S/O.ARUMUGHAN, MOORKATHPARAMBIL HOUSE,

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PATTAMBI.P.O.

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BY ADVS. SRI.S.SREEKUMAR (SR.) SRI.P.MARTIN JOSE SRI.M.A.MOHAMMED SIRAJ SRI.P.PRIJITH SRI.THOMAS P.KURUVILLA

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RESPONDENTS:

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1 THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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Crl.MC.1971/2016 & Crl.MC.2979/2016

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2 SRI.P.R.RAJEESH S/O.P.N.RAVEENDRAN, PANTHAKKAL HOUSE, MURUTHOOR.P.O., (VIA)MELE PATTAMBI, PIN-679306.

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R1 BY ADV. SRI. E.C. BINEESH, PUBLIC PROSECUTOR R2 BY ADV. SRI.K.RAVI PARIYARATH BY ORDER

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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:

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.SOMARAJAN

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WEDNESDAY, THE 04TH DAY OF NOVEMBER 2020 / 13TH KARTHIKA, 1942

¶28

Crl.MC.No.2979 OF 2016

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AGAINST THE ORDER/JUDGMENT IN CC 2096/2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS , PATTAMBI

¶30

PETITIONERS/ACCUSED 2 AND 4 TO 8:

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1 SHIBU P.S. S/O.LATE P.R SANKUNNY, PANTHAKKAPARAMBIL HOUSE, KANNANOOR, THRITHALA P.O, PIN 679 534

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2 SANKARAN KUTTY KARATTUPARAMBIL HOUSE, VALANCHERRY P.O, MALAPPURAM DISTRICT

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3 SANALKUMAR PARAMELKALATHIL HOUSE, DESAMANGALAM, THRISSUR DISTRICT PIN 679 532

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BY ADVS. SRI.S.SREEKUMAR (SR.) SRI.P.MARTIN JOSE SRI.M.A.MOHAMMED SIRAJ SRI.P.PRIJITH SRI.THOMAS P.KURUVILLA

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM

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2 SRI.P.R RAJEESH S/O.P.N RAVEENDRAN, PANTHAKKAL HOUSE, MARUTHOOR P.O, (VIA) MELE PATTAMBI, PIN 679 306

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R1 BY ADV. SRI. E.C. BINEESH, PUBLIC PROSECUTOR R2 BY ADV. SRI.K.RAVI (PARIYARATH)

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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:

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Crl.MC.1971/2016 & Crl.MC.2979/2016

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ORDER

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Cognizance was taken under Section 202

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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.

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The dispute is pertaining to proposed sale of 7.9 cents of property owned by the complainant with accused No.2 for which they

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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

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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

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agreement on the ground of fraud. Annexure-D private complaint was filed alleging offence

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Crl.MC.1971/2016 & Crl.MC.2979/2016

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under Sections 420, 468, 120B r/w Section 149

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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.

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What is involved is a civil dispute. The

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subject matter is a registered contract for sale,

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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

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Court, Pattambi (Annexure B). The Annexure-D complaint was submitted on 21.07.2015 after the initiation of civil suit. The witness to the

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registered agreement and even the relatives of accused No.2 were made as accused in the crime and dragged them unnecessarily into criminal

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proceedings pertaining to a civil dispute. Hence

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Crl.MC.1971/2016 & Crl.MC.2979/2016

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Annexure-D complaint and the further proceedings

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thereof are hereby quashed.

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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

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PETITIONER'S/S EXHIBITS:

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ANNEXURE-A: TRUE COPY OF DOCUMENT NO.3/2015 DATED 31.12.2014

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ANNEXURE-B: TRUE COPY OF SUIT AS OS NO.19 OF 2015 ON 12.5.2015 BEFORE THE MUNSIFF'S COURT, PATTAMBI

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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.

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RESPONDENTS' EXHIBITS: NIL

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//TRUE COPY//

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PA TO JUDGE

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Crl.MC.1971/2016 & Crl.MC.2979/2016

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APPENDIX OF Crl.MC 2979/2016

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PETITIONER'S/S EXHIBITS:

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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

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RESPONDENTS' EXHIBITS: NIL

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//TRUE COPY//

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PA TO JUDGE

Shibu P.S. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Shibu P.S. v. State of Kerala

Case brief

What is this about?

What did the court decide?

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