Accused petitioners sought to quash a final report under IPC Section 420 cheque-bhanda based on a subsequent mediation settlement in a related civil suit involving property fraud allegations.
Annexure-A7 final report and the consequential proceedings in C.C. No. 5723 of 2014 are quashed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR
THURSDAY, THE 09TH DAY OF JULY 2020 / 18TH ASHADHA, 1942
Crl.MC.No.7955 OF 2015
AGAINST THE ORDER/JUDGMENT IN WPC 18361/2014 DATED 25-07-2014 OF HIGH COURT OF KERALA
CRIME NO.1197/2014 OF Chengannoor Police Station , Alappuzha
PETITIONERS:
1 ELSAMMA SABU KOCHUNILAKKAL S VILLA, KOZHUVALLOOR (P.O), CHENGANNOOR(P.O), ALAPPUZHA-689 521.
2 SABU
KOCHUNILAKKAL S VILLA, KOZHUVALLOOR (P.O), CHENGANNOOR(P.O), ALAPPUZHA-689 521.
BY ADV. SRI.C.UNNIKRISHNAN (KOLLAM)
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY IT'S PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
3 DANIEL KURIAN KALAPPURAKKAL VEETTIL, KOZHUVALLUR MURI, MULAKKUZHA VILLAGE, KOZHUVALLOOR(P.O), CHENGANNUR TALUK, ALAPPUZHA DISTRICT-688001
R1, R3 BY ADV. SRI.S.JUSTUS R1 BY ADV. SRI.P.J.KOSHY
OTHER PRESENT:
SRI. BINEESH. E.C. (P.P.)
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 23-062020, THE COURT ON 09-07-2020 PASSED THE FOLLOWING:
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Dated this the 9th day of July, 2020.
ORDER
Petitioners are accused 1 and 2 in CC No. 5723 of 2014, on the file of Judicial First Class Magistrate-I, Chengannur, and they seek to quash Annexure-A7 final report, instituted against them for offence punishable under Section 420 r/w 34 of the IPC. They are husband and wife. The 1st petitioner is the daughter of the defacto complainant. The allegations against the petitioners is that, they represented to the 3rd respondent who is defacto complainant that, they will purchase landed property, in the name of defacto complainant and his son in their village with the proceeds realized by sale of property owned by the defacto complainant in Vijayapuram village. Later, contrary to the representation made to the defacto complainant, property was stealthly purchased in the joint name of 1st petitioner also. According to the defacto complainant, purchase in the
Crl.MC.No.7955 OF 2015
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name of 1st petitioner was suppressing material facts with a view to cheating him and knocking off his property.
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arrived at during the pendency of this Crl. M.C. In order
to give effect to the condition in the mediation agreement, it is only just and proper that Annexure-A7, final report in C.C. No. 5723 of 2014 is quashed.
In the result, this Crl. M.C is allowed and Annexure-A7, final report and the consequential proceedings in C.C. No. 5723 of 2014 are hereby
quashed.
(Sd/-) T.V. ANILKUMAR, JUDGE
LU/09.07.2020.
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APPENDIX
PETITIONER'S/S EXHIBITS:
| ANNEXURE A1 | TRUE COPY OF THE PLAINT IN O.S. 206/13 FILED BY THE PETITIONER'S FATHER AND BROTHER BEFORE THE MUNSIFF COURT, CHENGANNUR. |
|---|---|
| ANNEXURE A2 | TRUE COPY OF THE ORDER DATED 21.3.14 OF THE HON'BLE MUNSIFF COURT, CHENGANNUR. |
| ANNEXURE A3 | TRUE COPY OF THE ORDER NO.I.1326/14/MW DATED 17.05.2014 ISSUED BY THE MAINTENANCE TRIBUNAL & SUB DIVISIONAL MAGISTRATE. |
| ANNEXURE A4 | TRUE COPY OF THE JUDGMENT DATED 25.7.14 IN W.P[C]NO.18361/14. |
| ANNEXURE A5 | TRUE COPY OF THE FIR DATED 13.6.14 IN CRIME NO.1197/14 OF THE CHENGANNUR POLICE STATION. |
| ANNEXURE A6 | TRUE COPY OF THE ORDER DATED 14.08.14 IN BA NO.5848/2014. |
| ANNEXURE A7 | TRUE COPY OF THE FINAL REPORT IN CRIME NO.1197/14 OF CHENGANNUR POLICE STATION. |
| ANNEXURE A8 | TRUE COPY OF THE PLAINT IN O.S.NO.16/15 BEFORE THE SUB-COURT, CHENGANNUR. |
| ANNEXURE A9 | MEDIATION REPORT DATED 19.05.2016 AND MOA |
| ANNEXURE A10 |
JUDGMENT AND DECREE DATED 27.05.2016 IN O.S. NO. 16/15 BEFORE THE SUB COURT CHEGANNUR |
| ANNEXURE A11 | TAX RECEIPT DATED 30.09.2016. |
// True Copy // PA To Judge
2 issues framed by the court
Whether the final report in CC No. 5723 of 2014 can be quashed in light of the post-settlement mediation agreement conditions.
Whether the mediation agreement between the parties to the civil dispute and the criminal complainant obligates withdrawal of criminal proceedings.
Elsmma Sabu Kochunilakkal
Sabu Kochunilakkal
State of Kerala
Daniel Kurian Kalappurakkal
T.V. Anilkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
