Allowed

Skaria @ Skariachan.K.M v. State of Kerala

Kerala HC22 Oct 2020Crl.MC/3046/2016

Case brief

AI extract

What is this about?

The Court quashed two criminal miscellaneous cases (Crl.MC.3046/2016 and Crl.MC.3855/2017) and allowed the petitions, holding that prosecutions arising from a civil dispute pending in civil court, where a reference report found the matter to be civil in nature, were not fit to be instituted and constituted an abuse of the process of court.

What did the court decide?

Both Crl.MC.3046/2016 and Crl.MC.3855/2017 were allowed and the criminal proceedings were quashed as an abuse of the process of court.

Skaria @ Skariachan.K.M Vs State of Kerala — Quashing and FIR | 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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THURSDAY, THE 22ND DAY OF OCTOBER 2020 / 30TH ASWINA, 1942

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Crl.MC.No.3046 OF 2016

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AGAINST THE ORDER/JUDGMENT IN CC 138/2016 OF PAYAM GRAMA NYAYALAYA

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PETITIONER/1ST ACCUSED:

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SKARIA @ SKARIACHAN.K.M, S/O. MATHAI, AGED 56 YEARS, RESIDING AT KAVUNGAL HOUSE, PAYAM AMSOM, DESOM, IRITTY, KANNUR DISTRICT

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BY ADVS. SRI.C.P.PEETHAMBARAN SMT.MINI.V.A.

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RESPONDENTS/STATE & DEFACTO COMPLAINANT:

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM 682 031

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2 K.M JOHN S/O.MATHAI, AGED 64 YEARS, RESIDING AT KUVUNGAL HOUSE, AYYAMKUNNU AMSOM, DESOM, P.O KOOMANTHODU, KARIKKOTTAKARI, KANNUR DISTRICT 670 704

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*CORRECTED

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THE C.C.NO. AND THE NAME OF THE LOWER COURT, “C.C.NO.357/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, MATTANNUR” OCCURRING IN CRL.M.C.3046/16 IS CORRECTED AND SUBSTITUTED AS “C.C.NO.138/2016 OF PAYAM GRAMA NYAYALALYA”, AS PER ORDER DATED 1/12/2016 IN CRL.M.A.12822/16 IN CRL.MC.3046/16

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R1 BY ADV. SRI.GRASHIOUS KURIAKOSE SR. R1 BY ADV. SRI.GEORGE MATHEWS R2 BY ADV. SRI.GRASHIOUS KURIAKOSE (SR.)

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PUBLIC PROSECUTOR.SRI.RAMESH CHAND, SRI.E.C.BINEESH

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 22.10.2020, ALONG WITH Crl.MC.3855/2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.3046/2016,Crl.MC.3855/2017 2

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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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THURSDAY, THE 22ND DAY OF OCTOBER 2020 / 30TH ASWINA, 1942

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Crl.MC.No.3855 OF 2017

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AGAINST THE ORDER/JUDGMENT IN OS 294/2010 DATED 30-11-2015 OF MUNSIF COURT, KUTHUPARAMBA

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AGAINST THE ORDER/JUDGMENT IN CC 357/2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS,MATTANNUR

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PETITIONER/2ND ACCUSED:

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P.P.CHANDRAN

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AGED 49 YEARS, S/O.CHAKUNNI, POTTACHENICKAL HOUSE, ARALAM AMSOM DESOM, NEDUMUNDA, KANNUR DISTRICT.

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BY ADVS.

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SRI.C.P.PEETHAMBARAN SMT.MINI.V.A.

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RESPONDENTS/STATE & DEFACTO COMPLAINANT:

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

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2 K.M.JOHN

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S/O.MATHAI, KAVUNGAL HOUSE, AYYAMKUNNU AMSOM, DESOM, P.O.KOOMANTHODU, KARIKKOTTAKARI, KANNUR DISTRICT 670 704.

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PUBLIC PROSECUTOR.SRI.E.C.BINEESH

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 22.10.2020, ALONG WITH Crl.MC.3046/2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.3046/2016,Crl.MC.3855/2017 3

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ORDER

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The crime was registered for the offence punishable under Sections 447, 427 r/w Section 34 IPC with respect to a dispute between the siblings. The civil suit initiated ended in a decree in favour of the accused against which an appeal was preferred which is pending consideration. A refer report was submitted finding that the dispute is of civil nature. The Senior Counsel, Sri. Gracious Kuriakose, for the respondents, submitted that crime was registered based on criminal trespass, hence it is a matter to be adjudicated based on the evidence. Hence it is not fit and proper to apply Section 482 Cr.P.C at this juncture. It is a protest complaint which was submitted against the refer report sought to be quashed by accused Nos.1 and 2. The protest complaint submitted pertaining to a civil dispute is really an abuse of process of court, hence liable to be quashed and I do so.

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Crl.MC.3046/2016,Crl.MC.3855/2017 4

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Both the Crl.M.Cs are allowed accordingly.

Sd/-

P.SOMARAJAN

JUDGE

msp

Crl.MC.3046/2016,Crl.MC.3855/2017 5

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APPENDIX OF Crl.MC 3046/2016

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 TRUE COPY OF THE COMPLAINT FILED BY THE 2ND RESPONDENT DATED 19-09-2014 BEFORE THE JUDICIAL FIRST CLASSMAGISTRATE COURT,MATTANNUR ANNEXURE A2 TRUE COPY OF THE PROCEEDINGS IN C.C NO 357/2015 OF THE JFMC,MATTANNUR ANNEXURE A3 TRUE COPY OF THE FINAL REPORT IN CRIME NO 386/2013 OF KARIKKOTTAKARI POLICE STATION ANNEXURE A4 TRUE COPY OF THE PLAINT IN O.S NO 294/10 OF THE MUNSIFF'S COURT, KUTHUPARAMBA ANNEXURE A5 TRUE COPY OF THE JUDGMENT DATED 30-11-2015 IN OS NO 294/2010 OF TH MUNSIFF'S COURT, KUTHUPARAMBA ANNEXURE A6 TRUE COPY OF THE DECREE ALONG WITH THE SKETCH, DATED 30-11-2015 IN O.S NO 294/2010 OF THE MUNSIFF'S COURT,KUTHUPARAMBA

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RESPONDENTS EXHIBITS:NIL

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Crl.MC.3046/2016,Crl.MC.3855/2017 6

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APPENDIX OF Crl.MC 3855/2017

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 TRUE COPY OF THE COMPLAINT FILED BY THE 2ND RESPONDENT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, MATTANNUR ANNEXURE A2 TRUE COPY OF THE PROCEEDINGS IN C.C.NO. 357/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, MATTANNUR ANNEXURE A3 TRUE COPY OF THE FINAL REPORT IN CRIME NO. 386/2013 OF KARIKKOTTAKARI POLICE STATION ANNEXURE A4 TRUE COPY OF THE JUDGMENT DATED 30.11.2015 IN O.S.NO. 294/2010 OF MUNSIFF COURT, KUTHUPARAMBA

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RESPONDENTS EXHIBITS:NIL

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//TRUE COPY//

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P.A. TO JUDGE

Skaria @ Skariachan.K.M v. State of Kerala

Case brief

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Skaria @ Skariachan.K.M v. State of Kerala

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