The High Court quashed criminal proceedings against the second accused in a Section 482 Cr.P.C. petition. The Court held that the prosecution, alleging cheating over a property re-conveyance agreement, was essentially a civil dispute and an abuse of process.
Proceedings in C.C.No.1726/2012 against accused No.2 are quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
MONDAY, THE 14TH DAY OF NOVEMBER 2022 / 23RD KARTHIKA, 1944
CRL.MC NO. 7574 OF 2015
IN C.C.NO. 1726/2012 OF JUDICIAL MAGISTRATE OF FIRST CLASS
-I,PATHANAMTHITTA
PETITIONER/ACCUSED NO.2:
DR.VIJI KURUP
AGED 46 YEARS
W/O.JAI KURUP, KANNAMBALLIL HOUSE, KALANJOOR PO,
KALANJOOR VILLAGE, ADOOR TALUK, PATHANAMTHITTA
DISTRICT.
BY ADVS.
SRI.JACOB P.ALEX
SRI.JOSEPH P.ALEX
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, 682 031.2SINDHU R. KURUP
AGED 35 YEARS, W/O.BIJU KUMAR,
KANNAMBALLIL HOUSE, KALANJOOR PO,
KALANJOOR VILLAGE, ADOOR TALUK,
PATHANAMTHITTA DISTRICT 689645.
3BIJU KUMAR
AGED ABOUT 44 YEARS
S/O CHANDRASEKHARAN PILLAI
KANNAMBALLIL HOUSE,KALANJOOR P.],
ADOOR TALUK,PATHANAMTHITTA DISTRICT-689 674
BY ADVS.
SRI.JOHN MATHEW THEREZHATH
SRI.JOBIN JOHN
OTHER PRESENT:
SRI.NOUSHAD K.A
PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 14.11.2022, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C.No. 7574 of 2015
2
BECHU KURIAN THOMAS, J. ======================= Crl.M.C.No.7574 of 2015
======================== Dated this the 14th day of November, 2022
ORDER
Petitioner is the 2nd accused in C.C.No.1726 of 2012 on the files of the Judicial First Class Magistrate Court -I , Pathanamthitta.
Crl.M.C.No. 7574 of 2015
3
assumed that petitioner was aware about the existence of Annexure C agreement for re-conveyance, there was no restriction or prohibition in transferring/assigning the property to any person. The learned counsel also contended that even if the entire allegations are assumed to be true, still, the same will only reveal a civil dispute and no criminal offence, much less an offence under Sections 406, 420, 120B could be revealed. It was finally contended that the entire prosecution as against the petitioner is an abuse of the process of court and is required to be interfered with by this Court.
Crl.M.C.No. 7574 of 2015
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property covered by the sale deed dated 19.10.2006, in favour of the defacto complainant’s husband. However, contrary to the terms of the agreement for re-conveyance, the property is alleged to have been settled in favour of the daughter-in-law of the 1st accused.
[(2019)16 SCC 739]. It was observed in paragraph 23 as follows:
“The jurisdiction Under Section 482 of the Code of Criminal Procedure has to be exercised with care. In the exercise of its jurisdiction, a High Court can examine whether a matter which is essentially of a civil nature has been given a cloak of a criminal offence. Where the ingredients required to constitute a criminal offence are not made out from a bare reading of the complainant, the continuation of the criminal proceeding will constitute an abuse of the process of the cou rt”.
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report reflects a case, essentially of a civil nature and is camouflaged as a criminal case. Hence, the proceedings as against the petitioner is liable to be interfered with.
This Crl.MC. Is allowed as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
jka/14.11.22
Crl.M.C.No. 7574 of 2015 6
APPENDIX OF CRL.MC 7574/2015
PETITIONER’S EXHIBITS ANNEXURE A TRUE COPY OF FIR IN CRIME NO.356/12 OF KOODAL POLICE STATION. ANNEXURE A1 TRUE COPY OF THE COMPLAINT IN 5755/2012 BEFORE JFCM-I, PATHANAMTHITTA ANNEXURE B TRUE COPY OF SALE DEED NO.1521/2006 EXECUTED BY HARI KUMAR. ANNEXURE C TRUE COPY OF THE AGREEMENT DATED 27.10.2006. ANNEXURE D TRUE COPY OF CHARGE SHEET IN CRIME NO.356 OF 2012 OF KOODAL POLICE STATION
2 issues framed by the court
Whether the criminal proceedings instituted for alleged cheating and criminal breach of trust under IPC Sections 406, 420 and 120B in a property dispute are an abuse of the process of court and liable
Whether the allegations constitute a civil dispute over property settlement camouflaged as a criminal offence under Section 482 Cr.P.C.
Colour shows how this judgement treated each authority
R.K.Vijayasarathy and Ors. Vs. Sudha Seetharam and Ors.Explained¶35
(2019)16 SCC 739 · Who else cites this
1 provisions across 1 enactments
DR. VIJI KURUP
STATE OF KERALA
SINDHU R. KURUP
BIJU KUMAR
BECHU KURIAN THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court