The Court quashed criminal proceedings initiated under Section 420 IPC, holding that the dispute regarding non-compliance of an agreement to reconvey property was purely civil in nature and not cognizable as a criminal offence.
The entire proceedings initiated by the Magistrate in C.C.No.856/2017 are hereby quashed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
MONDAY, THE 09TH DAY OF NOVEMBER 2020 / 18TH KARTHIKA, 1942
Crl.MC.No.7742 OF 2018(G)
CC 856/2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS, CHITTUR
PETITIONER/ACCUSED No.2:
SMT. SARASWATHY PEETHAMBARAN, W/o PEETHAMBARAN, DOOR NO 131, CHINNA SWAMY ROAD, NEW SIDHA PUTHOOR, COIMBATORE.
BY ADVS.SRI.S.SREEKUMAR (SR.) SRI.P.MARTIN JOSE SRI.P.PRIJITH SRI.THOMAS P.KURUVILLA
RESPONDENTS/STATE & COMPLAINANT:
1 Smt. SYAMALA, AGED 46 YEARS, W/o MADHUPRASANNAN, NAYANAM HOUSE, KOODALLUR P.O, CHITTOOR TALUK, PALGHAT DISTRICT, PIN -686595.
2 THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682031
R1 BY ADV. SRI.RAJESH SIVARAMANKUTTY BY PUBLIC PROSECUTOR SRI. RAMESH CHAND
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 09.11.2020. THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.7742 of 2018
2
ORDER
A crime was registered on the allegation of offence under Section 420 IPC and a refer report was submitted under Section 173 Cr.P.C referring the complaint as false and that what is involved is only a civil dispute. Subsequently, based on the protest complaint, cognizance was taken by the Magistrate for the said offence, hence, came up to quash the
proceedings. The allegation is that the agreement to reconvey the property was not complied with. What is involved is only a civil dispute. No criminal
liability can be fastened. Hence the entire proceedings initiated by the Magistrate in C.C.No.856/2017 are
hereby quashed.
Crl.M.C. is allowed accordingly.
Sd/-
P.SOMARAJAN
JUDGE
DMR/-
Crl.M.C.No.7742 of 2018
3
APPENDIX
PETITIONER'S ANNEXURES:
ANNEXURE A TRUE COPY OF AGREEMENT FOR SALE EXECUTED ON 27.11.2012 BETWEEN 1ST RESPONDENT AND PRADUSH NARAYANAN
ANNEXURE B TRUE COPY OF SALE DEED NO. 3859 OF 2012 DATED 6.12.2012
ANNEXURE C TRUE COPY OF SUIT AS O.S. NO. 64 OF 2015 FILED BY PRADUSH NARAYANAN THROUGH THE POWER OF ATTORNEY BEFORE THE MUNSIFF COURT, CHITTUR
ANNEXURE D TRUE COPY OF COMPLAINT AS C.M.P. NO. 6506 OF 2015 DATED 23.11.2015 FILED BY THE 1ST RESPONDENT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, CHITTUR
RESPONDENTS' ANNEXURE: NIL
// TRUE COPY //
P.A. TO JUDGE
1 issue framed by the court
Whether criminal proceedings initiated under Section 420 IPC for non-compliance of an agreement to reconvey property should be quashed as the dispute is purely civil in nature.
2 provisions across 2 enactments
SMT. SARASWATHY PEETHAMBARAN
Smt. SYAMALA
THE STATE OF KERALA
P. SOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
