Accused in a cheating and criminal breach of trust case for collecting money on promises of a visa and a flat sought quashing of prosecution as a civil money dispute. The High Court held civil and criminal liability can co-exist, allegations disclosed the offences, and dismissed the petition.
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.
CRL.MC NO. 3458 OF 2019
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 6TH DAY OF MARCH 2024 / 16TH PHALGUNA, 1945
CRL.MC NO. 3458 OF 2019
CRIME NO.569/2012 OF Ottapalam Police Station, Palakkad
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.390 OF 2012 OF JUDICIAL
MAGISTRATE OF FIRST CLASS - I, OTTAPPALAM
PETITIONER/S:
GREESHMA.M AGED 31 YEARS
D/O.CHANDRIKA MULLASSERI VEEDU, KULAPPULLY AMSOM DESOM,
OTTAPALAM TALUK, PALAKKAD DISTRICT.
BY ADV K.RAVI (PARIYARATH)
RESPONDENT/S:
1 FIROSES/O.HYDROSE, FLAT NO.8, THAVAKKAL APARTMENTS, COURT
ROAD, OTTAPALAM, PALAKKAD DISTRICT-PIN-679101
2KERALA STATE OF KERALA
REP BY SI OF POLICE, OTTAPALAM THROUGH, THE PUBLIC
PROSECUTOR, HIGH COURT OF KERALA, PIN-682031.
OTHER PRESENT:
SMT. SREEJA V. (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
06.03.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 3458 OF 2019
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BECHU KURIAN THOMAS, J.
=========================== Crl.M.C.No.3458 of 2019
-------------------------------------------------------
Dated this the 6th day of March 2024
ORDER
Petitioner is the accused in C.C.No.390/2012 on the files of the Judicial First Class Magistrate Court, Ottapalam. The offences alleged against the petitioner are under Sections 406 and 420 of the Indian Penal Code, 1860.
CRL.MC NO. 3458 OF 2019
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the petitioner by the defacto complainant regarding failure to hand over a flat as promised. The contention that the transaction alleged against the petitioner is a pure civil transaction, has no merits. There can always be cases where a civil dispute gets combined with a criminal action. If the allegations in the final report are true, certainly, the offences alleged against the petitioner are made out. The further contention that the petitioner is a lady and that she should not be prosecuted, has no merit as law treats everyone as equals
The Crl.M.C is accordingly dismissed.
sd/
BECHU KURIAN THOMAS JUDGE
jm/
CRL.MC NO. 3458 OF 2019
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APPENDIX OF CRL.MC 3458/2019
PETITIONER ANNEXURES
ANNEXURE 1TRUE COPY OF THE FIR WITH NO.569/2012 ON THE
FILE OF THE OTTAPALAM POLICE STATION DATED
5.5.2012
ANNEXURE A2TRUE COPY OF THE FINAL REPORT FILED WITH
NO.877/2012, IN CRIME NO.569/2012 OF OTTAPAL
POLICE STATION, (TYPED COPY OF PAGE NO.21 AND
22) DATED 23.06.12
1 issue framed by the court
Can prosecution under Sections 406 and 420 IPC for collecting money promising a visa and a flat be quashed as a mere civil/money dispute?
2 provisions across 1 enactments
Greeshma M
Firose
State of Kerala
Bechu Kurian Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court