Criminal Miscellaneous Case allowed. The Court quashed a criminal proceeding (Section 420 IPC) registered based on an alleged breach of contract. The judgment held that without allegations of suppression, fraud, or deception, such disputes are of a civil nature.
Criminal Miscellaneous Case allowed; Crime registered and final report submitted quashed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
MONDAY, THE 14TH DAY OF DECEMBER 2020 / 23RD AGRAHAYANA, 1942
Crl.MC.No.437 OF 2017
AGAINST THE ORDER/JUDGMENT IN CC 293/2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS, KUNNAMANGALAM
CRIME NO.439/2014 OF MEDICAL COLLEGE POLICE STATION, KOZHIKODE
PETITIONER/ACCUSED:
NISSAR NOORUDHEEN,
S/O.MUHAMMED KUNHI NOORUDHEEN KUTTY,AGED 43 YEARS, MANAGING DIRECTOR, MALABAR SCAN AND DIAGNOSTICS SERVICES, TALENT TOWN, OPPOSITE GOVERNMENT DENTAL COLLEGE, KOCHIKODE, RESIDING AT DARUNNOOR, P.O.KARUNAGAPPALLY, KOLLAM DISTRICT
BY ADV. SMT.S.KARTHIKA
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM
2 ABDUL SHUKOOR S/O.AHAMMED KUTTY, AGED 40 YEARS, RESIDING AT PARAKKAPURAYIL, ELETTIL P.O., VATTOLI AMSOM DESAM, THAMARASSERY TALUK, KOZHIKODE DISTRICT.
PUBLIC PROSECUTOR SMT.M.N.MAYA
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 14.12.2020, ALONG WITH Crl.MC.4452/2016, Crl.MC.8959/2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.437 OF 2017 2
ORDER
Without an allegation of suppression of material fact or fraud or deception, a crime was registered alleging offence under Section 420 IPC and final report also submitted against one of the parties in a contract for sale on the allegation of breach of contractual obligation. The dispute is of civil nature. Crime registered and final report submitted hence quashed.
Crl.M.C. is allowed accordingly.
Sd/-
P.SOMARAJAN
JUDGE
msp
Crl.MC.No.437 OF 2017 3
APPENDIX OF Crl.MC 437/2017
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 CERTIFIED COPY OF THE COMPLAINT FILED BY 2ND RESPONDENT BEFORE CITY POLICE COMMISSIONER KOZHIKODE AND FIR NO.439/14 ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT FILED IN C.C.NO.293/2015 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KUNNAMANGALAM ANNEXURE A3 TRUE COPY OF THE COMPLAINT DATED 27.5.2014 BEFORE THE COMMISSIONER OF POLICE, KOZHIKODE CITY AGAINST THE 2ND RESPONDENT AND HIS ACCOMPLICES ANNEXURE A4 TRUE COPY OF THE PLAINT IN O.S.NO.151/2014 BEFORE THE HON'BLE SUBORDINATE JUDGES COURT, THIRUVANANTHAPURAM RESPONDENTS EXHIBITS:NIL
//TRUE COPY//
P.A. TO JUDGE
1 issue framed by the court
Whether a crime alleged under Section 420 IPC based on a breach of contract without fraud amounts to a civil dispute requiring quashing of the criminal proceeding.
NISSAR NOORUDHEEN
STATE OF KERALA
ABDUL SHUKOOR
P.SOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
