The court quashed a criminal complaint held to be an abuse of process, ruling that civil disputes over property and Will interpretation do not attract criminal liability under Sections 406 or 420 IPC.
Criminal Misc. Case allowed; complaint quashed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
THURSDAY, THE 22ND DAY OF OCTOBER 2020 / 30TH ASWINA, 1942
Crl.MC.No.795 OF 2018
CC 8/2014 OF CHIEF JUDL.MAGISTRATE, ERNAKULAM CRIME NO.1898/2013 OF ERNAKULAM CENTRAL POLICE STATION, ERNAKULAM
PETITIONER:
ELJOVE C CHUMMAR, AGED 34 YEARS, S/O.C.T. CHUMMAR, CHERUVATHOOR HOUSE, MATHAI-MANJOORAN ROAD, AYYAPPANKAVU
BY ADVS.SRI.A.T.ANILKUMAR SMT.V.SHYLAJA
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLCIE, CENTRAL POLICE STATION, ERNAKULAM, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN 682031
2 RAPHAEL SUNI, AGED 49 YEARS, S/o GEORGE, KOLLAMPARAMBIL HOUSE, AYYAPPANKAVU, ERNAKULAM, PIN 682031
R2 BY ADVS. SRI.K.ARJUN VENUGOPAL SMT.V.A.HARITHA SRI.JEEVAN RAJEEV SRI.P.A.MOHAMMED SHAH SMT.MARY RESHMA GEORGE SRI.R.NANDAGOPAL SRI.C.R.SYAMKUMAR R1 BY PUBLIC PROSECUTOR SRI. E.C. BINEESH
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 22.10.2020. THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.795 of 2018
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ORDER
Based on a testament (Will) left out by the grandmother, the accused, the legatee under the Will, agreed to sell the property to the defacto complainant. But the Will was subsequently put under challenge by other legal heirs of grandmother. It will not attract an offence under Section 406 or 420 IPC. Hence the final report submitted is an abuse of process of the court, liable to be quashed and I do so by allowing the Crl.M.C.
Crl.M.C. is allowed.
Sd/-
P.SOMARAJAN
JUDGE
DMR/-
Crl.M.C.No.795 of 2018
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APPENDIX
PETITIONER'S ANNEXURES: ANNEXURE A THE CERTIFIED COPY OF PRIVATE COMPLAINT ANNEXURE B THE CERTIFIED COPY OF FIR ANNEXURE C THE CERTIFIED COPY OF CHARGE ANNEXURE D THE CERTIFIED COPY OF AGREEMENT FOR SALE ANNEXURE E THE CERTIFIED COPY OF THE ORDER OF THE HUMAN RIGHTS COMMISSION
RESPONDENTS' ANNEXURE: NIL
// TRUE COPY //
P.A. TO JUDGE
1 issue framed by the court
Whether a dispute arising from challenge to a Will regarding property sale agreement attracts offences under Sections 406 or 420 IPC.
ELJOVE C CHUMMAR
STATE OF KERALA
RAPHAEL SUNI
P. SOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
