Kerala High Court
Ashokan vs State Of Kerala on 14 July, 2025
Author: Kauser Edappagath
Bench: Kauser Edappagath
CRL.MC NO. 4781 OF 2020
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2025:KER:51757
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
MONDAY, THE 14TH DAY OF JULY 2025 / 23RD ASHADHA, 1947
CRL.MC NO. 4781 OF 2020
CRIME NO.1190/2016 OF VADAKARA POLICE STATION, KOZHIKODE
CC NO.602 OF 2017 OF JUDICIAL MAGISTRATE OF FIRST
CLASS, VADAKARA
PETITIONERS/1ST AND 2ND ACCUSED:
1 ASHOKAN
AGED 58 YEARS
S/O.KUMARAN, MEDAPPALLY HOUSE,
VILLYAPILLY AMSOM, VILLYAPILLY P.O.,
VATAKARA, KOZHIKODE DISTRICT
PIN-673 542
2 MAPALLI CHANDRI
AGED 64 YEARS
D/O.KUMARAN,
PURANTHAZHATHU THAZHAKUNI HOUSE,
MAKKUL PEEDIKA P.O., PIN-673 104
BY ADVS.
SRI.C.BHASKARAN
SHRI.NIKHIL K GOPINATH
CRL.MC NO. 4781 OF 2020
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2025:KER:51757
RESPONDENTS/STATE/DEFACTO COMPLAINANT:
1 STATE OF KERALA
REP.BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM PIN-682 031
2 PREMI @ PRAMILA
W/O.BHALACHANDRAN, AGED 50 YEARS,
SHIVADA HOUSE, VALLIYUR,
NOCHAD P.O., KOYLANDI-673 614
BY ADVS.
SRI.MANUEL KACHIRAMATTAM
SMT.MERRY GEORGE
OTHER PRESENT:
SRI.SANGEETHA RAJ.N.R-PP
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
14.07.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 4781 OF 2020
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ORDER
This Crl.M.C. has been filed to quash Annexure A2 final report and all further proceedings in C.C.No.602 of 2017 on the files of the Judicial First Class Magistrate Court, Vatakara, Kozhikode District (for short, 'the trial court') against the petitioners.
2. The petitioners are accused Nos. 1 and 2 and the respondent No.2 is the defacto complainant in C.C.No.602 of 2017 on the files of the trial court. The case arose out of a private complaint filed by the respondent No.2 against the petitioners. Annexure A1(6) is the private complaint. Annexure A1(6) private complaint was forwarded by the Magistrate to the police for investigation under Section 156(3) of Cr.P.C. The police registered Annexure A1 FIR and after investigation, filed Annexure A2 final report against the petitioners alleging offences punishable under Sections 420, 468 and 471 r/w Section 34 of the IPC.
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3. The petitioners and the respondent No.2 are siblings. The prosecution allegation in Annexure A2 final report is that the grandmother of the petitioners and the respondent No.2 namely Matha gifted 5.6 Ares of land that belonged to her in favour of the petitioner No.1 as per registered gift deed No.999/1972 of SRO, Villiappally. Thereafter, the petitioner No.1 assigned the property covered by the said document in favour of the petitioner No.2 as per registered document No.1473/2005. The case of the prosecution is that while assigning so, the petitioner No.1, in collusion with the petitioner No.2, had shown the extent of the land as 7.82 Ares instead of the correct extent of 5.6 Ares. It is alleged that the said act on the part of the petitioners amounts to forgery and it was done with the intention to cheat the respondent No.2.
4. I have heard Sri.C.Bhaskaran, the learned counsel for the petitioners, Sri.Manuel Kachiramattam, the learned counsel for the respondent No.2 and Sri.Sangeetha Raj.N.R., the learned Public Prosecutor.
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5. The learned counsel for the petitioners submitted that the allegations in the private complaint and the final report, even if they are taken at their face value and accepted in their entirety, do not prima facie constitute an offence or make out any case against the petitioners. Per contra, the learned counsel for the respondent No.2 and the learned Public Prosecutor submitted that there are materials on record to connect the petitioners with the crime, and when a prima facie case is made out, the jurisdiction vested with this Court under Section 482 of Cr.P.C. cannot be invoked.
6. As stated already, the parties are closely related. The petitioners and the the respondent No.2 are siblings. The gift deed in question was executed by their grandmother in favour of the petitioner No.1 and the extent shown in the said gift deed is 5.6 Ares. Admittedly, the property covered by the gift deed was assigned by the petitioner No.1 in favour of the petitioner No.2. While so, the extent was shown as 7.82 Ares. This is the only allegation. The said allegation, even if accepted in its entirety, CRL.MC NO. 4781 OF 2020 6 2025:KER:51757 would not constitute an offence of either cheating or forgery. There is no case of creation of any false document. The dispute regarding the extent of the property conveyed is only a civil dispute. That apart, Annexure A3 would show that a civil suit was filed by the petitioner No.2 against the respondent No.2 for a permanent prohibitory injunction in respect of 7.82 Ares of land covered by the document No.1473/2005 of SRO, Vatakara, before the Munsiff Court, Vatakara as O.S.No.188 of 2016. In the said suit, a contention was taken by the respondent No.2 that as per the document mentioned above, the petitioner No.2 had derived the title only over 5.6 Ares of land and the extent had been fraudulently shown as 7.82 Ares in the document. But the said contention was rejected and a decree for injunction in respect of the entire 7.82 Ares was granted. It is submitted that the said decree has become final. Therefore, the offences under Sections 420, 468 and 471 r/w Section 34 of the IPC are not at all attracted against the petitioners. No prima facie case has been made out. In these circumstances, no useful purpose will be CRL.MC NO. 4781 OF 2020 7 2025:KER:51757 served by allowing the criminal prosecution against the petitioners to continue. Hence, Annexure A2 final report and all further proceedings in C.C.No.602 of 2017 on the files of the Judicial First Class Magistrate Court, Vatakara, Kozhikode District against the petitioners are hereby quashed.
Crl.M.C. is, accordingly, allowed.
Sd/-
DR.KAUSER EDAPPAGATH, JUDGE APA/AS CRL.MC NO. 4781 OF 2020 8 2025:KER:51757 APPENDIX OF CRL.MC 4781/2020 PETITIONER ANNEXURES ANNEXURE A1 CERTIFIED COPY OF THE FIRST INFORMATION REPORT DATED 7.9.2016 IN CRIME NO.1190/2016 OF THE VATAKARA POLICE STATION ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT DATED FINAL REPORT NO.622/2017 DATED 18.3.2017 ANNEXURE A3 CERTIFIED COPY OF THE JUDGMENT DATED 24.8.2017 IN O.S.NO.188 OF 2016 BEFORE THE MUNSIFF COURT, VATAKARA.