First accused sought quashing of the final report in a cheating and criminal breach of trust case arising from his retraction from a fixed marriage. The court found prima facie involvement from prosecution materials, held the matter required trial, and dismissed the Section 482 petition.
None; quashing prayer rejected and proceedings referred to trial.
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 A. BADHARUDEEN
MONDAY, THE 8TH DAY OF JULY 2024 / 17TH ASHADHA, 1946
CRL.MC NO. 4135 OF 2018
CRIME NO.216/2013 OF PALARIVATTOM POLICE STATION, ERNAKULAM
CC NO.163 OF 2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS - IX,
ERNAKULAM
PETITIONER/1ST ACCUSED:
VIJEESH
S/O.M.VIJAYAKUMAR, MANNUR HOUSE,
VADAVATHUR, KOTTAYAM DISTRICT.
BY ADVS.
SRI.G.HARIHARAN
SRI.PRAVEEN.H.
RESPONDENTS/STATE AND COMPLAINANT:
STATE OF KERALA
1REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM- 682 031.
2 SUB INSPECTOR OF POLICE PALARIVATTOM POLICE STATION, PALARIVATTOM, ERNAKULAM- 682 024.3 SMT.JAYALAKSHMI AGED 31 YEARS, D/O.VIJAYAN NAIR, LAKSHMI NIVAS, KAYYATHU LANE, PALARIVATTOM, ERNAKULAM- 682 024. SRI.M.P.PRASANTH, PUBLIC PROSECUTORTHIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
27.06.2024, THE COURT ON 08.07.2024 PASSED THE FOLLOWING:
2
CRL.MC NO. 4135 OF 2018
O R D E R
Dated this the 8th day of July, 2024
This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure by the petitioner, who is the first accused in Crime No.216/2013 of Palarivattom Police Station, and the prayers herein are as follows:
the learned Public Prosecutor in detail. Perused the relevant documents.
along with other accused persons, committed offences
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CRL.MC NO. 4135 OF 2018
punishable under Sections 406 and 420 read with Section 34 of IPC. Precisely, the crux of the prosecution case is that the accused herein, with intention to cheat and defraud the defacto complainant, fixed the marriage between the defacto complainant and the first accused on 24.03.2012 at NSS Karayogam Hall, Kaloor. It was decided, to conduct the marriage on 26.01.2013 at the marriage function held on 24.03.2012. The defacto complainant and her family taken all endeavours to conduct the marriage on 26.01.2013. Later, the first accused retracted from the marriage and thereby committed breach of trust as well as cheating.
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CRL.MC NO. 4135 OF 2018
counsel for the petitioner, the 2nd accused in this crime was discharged by the learned Magistrate, as per Annexure V order produced herein, holding that no materials available to proceed against him.
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CRL.MC NO. 4135 OF 2018
was fixed on 26.01.2013 at the marriage fixation function on 24.03.2012 held at NSS Karayogam Hall, Kaloor. Thereafter the defacto complainant and her family done everything to solemnize the marriage as fixed, but the first accused withdrawn from the marriage and thereby committed breach of trust as well as cheating prima facie. Since the prosecution materials would show involvement of the petitioner in this crime, the matter would require trial and therefore, the quashment prayer cannot be considered.
Therefore, this petition fails and is accordingly dismissed.
Sd/A. BADHARUDEEN JUDGE
nkr
CRL.MC NO. 4135 OF 2018
6
APPENDIX OF CRL.MC 4135/2018
PETITIONER ANNEXURES
ANNEXURE-I |
TRUE COPY OF THE COMPLAINT FILED |
BY |
|---|---|---|
THE 3RD RESPONDENT FILED AGAINSTPETITIONER AND FIVE OTHERS BEFORE |
THETHE |
|
JUDICIAL FIRST CLASS MAGISTR |
ATE |
|
COURT-I, ERNAKULAM AS CMP.NO.288/2ON 22/01/2013. |
013 |
|
ANNEXURE-II |
TRUE COPY OF THE FIR REGISTERED |
BY |
THE2NDRESPONDENTASCR |
IME |
|
NO.216/2013 OF PALARIVATTOM POL |
ICE |
|
STATION AGAINST THE PETITIONEROTHERS. |
AND |
|
ANNEXURE-III |
TRUE COPY OF THE STATEMENT DA |
TED |
19/02/2013 MADE BY THE SECRETARYNSS KARAYOGAM AT KALOOR BEFORE2ND RESPONDENT. |
OFTHE |
|
ANNEXURE-IV |
TRUE COPY OF THE FINAL REPORT FI |
LED |
IN CONNECTION WITH ANNEXURE-II FIRC.C.NO.1458/2013. |
AS |
|
ANNEXURE-V |
TRUE COPY OF THE ORDER DATED 27/10PASSED BY JFCM COURT-IX IN CONNECT |
/17ION |
WITHCMPNO.2590/2017AS |
CC |
|
NO.163/2016 ARISING OUT OF CR |
IME |
|
NO.216/2013 OF PALARIVATTOM POLSTATION. |
ICE |
RESPONDENTS ANNEXURES : NIL
1 issue framed by the court
Whether the final report in C.C.No.163/2016 for offences under Sections 406 and 420 IPC against the petitioner should be quashed under Section 482 CrPC.
2 provisions across 2 enactments
Vijeesh
State of Kerala
Sub Inspector of Police, Palarivattom Police Station
Smt. Jayalakshmi
A. Badharudeen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court