The High Court of Kerala quashed a criminal complaint alleging mischief under Section 380 IPC. The Court held the matter was purely a civil dispute over succession and property, already pending as a civil suit, and the criminal cognizance was vitiated.
Annexure A1 complaint and all its further proceedings are hereby quashed. Crl.M.C. is allowed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
THURSDAY, THE 18TH DAY OF MARCH 2021 / 27TH PHALGUNA, 1942
Crl.MC.No.490 OF 2015(H)
IN CC 1123/2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS, PAYYANNUR
PETITIONERS/ACCUSED 1 AND 2 IN CC:
2 SREENIVASAN, AGED 43 YEARS, S/o SANKARAN NAMBOOTHIRI, AGRICULTURIST, ARATHIL, NAREEKAMVALLI, PILATHARA VIA, KANNUR
BY ADV. DR.K.P.PRADEEP
RESPONDENTS/COMPLAINANT
1 STATE OF KERALA, REPRESENTED ITS PUBLIC PROSECUTOER, HIGH COURT OF KERALA, OFFICE OF THE ADVOCATE GENERAL, HIGH COURT, KOCHI-682031
R2 BY ADV. SRI.O.V.MANIPRASAD R1 BY PUBLIC PROSECUTOER SRI. RAMESH CHAND
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 18.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.490 of 2015
2
ORDER
A civil dispute between the parties with respect to
right of succession on the death of father of first petitioner's wife resulted in a civil suit between the parties. Subsequently Annexure A1 complaint was lodged alleging offence under Section 380 IPC on the ground that the first petitioner had taken away some of the articles kept in the house belonged to the father, over which the learned Magistrate took cognizance. The dispute is perfectly a civil one and a suit is pending with respect to right of succession/devolution over the property. That fact was overlooked by the learned Magistrate by taking cognizance. The same stands vitiated and hence, for securing the ends of justice, Annexure A1 complaint and all its further proceedings are hereby quashed.
Crl.M.C. is allowed accordingly.
Sd/-
P.SOMARAJAN
JUDGE
DMR/-
Crl.M.C.No.490 of 2015
3
APPENDIX
PETITIONERS' ANNEXURES:
ANNEXURE A1 CERTIFIED COPY OF THE COMPLAINT IN CC NO.1123 OF 2013 IN CMP NO 6045 OF 2013 FILED AND PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT AT PAYYANNUR. ANNEXURE A2 TRUE COPY OF THE DEED NO. 1662/1993 DATED 23.7.1993 OF SRO, MATHAMANGALAM ANNEXURE A3 TRUE COPY OF THE DEATH CERTIFICATE NO. D0021102-1311011 DATED 19.11.2013 ISSUED BY THE REGISTRAR OF BIRTHS AND EEATHS, KADANNAPALLY PANAPUZHA GRAMA PANCHAYATH ANNEXURE A4 TRUE COPY OF THE LEGAL HEIR CERTIFICATE NO K DIS. 1809/2014/B1 DATED 8.5.2014 ISSUED BY THE TAHSILDAR, KANNUR ANNEXURE A5 TRUE COPY OF THE PLAINT DATED 26.10.2013 IN OS NO.218 OF 2013 FILED AND PENDING BEFORE THE MUNSIFF COURT, PAYYANNUR ANNEXURE A6 TRUE COPY OF THE APPLICATION DATED 26.10.2013 IN IA NO. 1839 OF 2013 IN OS NO 218 OF 2013 FILRD BEFORE THE MUNSIFF COURT, PAYYANNUR ANNEXURE A7 TRUE COPY OF THE ORDER DATED 26.10.2013 IN IA NO 1839 OF 2013 IN OS NO 218 OF 2013 PASSED BY THE LEARNED MUNSIFF, PAYYANNUR. ANNEXURE A8 TRUE COPY OF THE APPLICATION DATED 20.11.2013 IN IA NO 2012 OF 2013 IN IA NO 1839 OF 2013 IN OS NO 218 OF 2013 FILED BEFORE THE MUNSIFF COURT, PAYYANNUR ANNEXURE A9 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE 2ND RESPONDENT IN OS NO 218/2013 BEFORE THE MUNSIFF COURT, PAYYANNUR ANNEXURE A10 TRUE COPY OF THE PETITION DATED 21.11.2013, FILED BEFORE THE MEDICAL COLLEGE STATION, PARIYARAM, KANNUR DISTRICT BY SMT DEVAKI, WIFE OF THE PETITIONER HEREIN RESPONDENTS' ANNEXURE: NIL // TRUE COPY //
P.A. TO JUDGE
1 issue framed by the court
Whether a criminal proceeding should be quashed where underlying dispute involves right of succession pending in civil suit.
1 provisions across 1 enactments
JAYACHANDRAN O.K.
SREENIVASAN
STATE OF KERALA
ISHWARAN NAMBOOTHIRI
P.SOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
