Sarala vs Ammini
2021 Latest Caselaw 2982 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

              THE HONOURABLE MR. JUSTICE P.SOMARAJAN

    WEDNESDAY, THE 27TH DAY OF JANUARY 2021 / 7TH MAGHA, 1942

                    Crl.MC.No.5333 OF 2020(F)

     AGAINST THE ORDER/JUDGMENT IN CRMP 1297/2020 OF SESSIONS
                          COURT,KOTTAYAM

AGAINST THE ORDER/JUDGMENT IN CMP 8208/2019 OF JUDICIAL MAGISTRATE
                      OF FIRST CLASS,VAIKOM

  CRIME NO.991/2019 OF THALAYOLAPARAMBU POLICE STATION, KOTTAYAM


PETITIONERS/ACCUSED NO.1 TO 9:
      1      SARALA, AGED 67 YEARS, D/O LATE UNNIYALAN, KOTTITHARA
             HOUSE, VADAKARA P.O, VELLOOR, VAIKOM, KOTTAYAM - 686
             609

      2      KAMALASANAN, AGED 63 YEARS, S/O LATE UNNIYALAN,
             KOTTITHARA HOUSE, VADAKARA PO, VELLOOR, VAIKOM,
             KOTTAYAM - 686609

      3      CHITHRABHANU, AGED 57 YEARS, S/O LATE UNNIYALAN,
             KOTTITHARA HOUSE, VADAKARA PO, VELLOOR, VAIKOM,
             KOTTAYAM - 686 609

      4      ANILKUMAR, AGED 51 YEARS, S/O LATE UNNIYALAN,
             KOTTITHARA HOUSE, VADAKARA PO, VELLOOR,
             VAIKOM, KOTTAYAM - 686 609

      5      SARADA, AGED 58 YEARS, D/O LATE UNNIYALAN,
             KOTTITHARA HOUSE, VADAKARA PO, VELLOOR, VAIKOM,
             KOTTAYAM - 686 609

      6      SUDHEESH KUMAR, AGED 43 YEARS, S/O LATE UNNIYALAN,
             KOTTITHARA HOUSE, VADAKARA PO, VELLOOR, VAIKOM,
             KOTTAYAM - 686 609

      7      SUKUMARAN, AGED 60 YEARS, S/O KARTHAVU,
             KOTTITHARAVEETTIL, VADAKARA PO, VELLOOR,
             VAIKOM, KOTTAYAM - 686 609

      8      ABHILASH, AGED 37 YEARS, S/O SARALA, KOTTITHARA
             HOUSE, VADAKARA PO, VELLOOR, VAIKOM,
             KOTTAYAM - 686 609
      9      MANOJ, AGED 43 YEARS, S/O KRISHNANKUTTY,
             KANNAMPALLY VEETTIL, VADAKARA PO,
 Crl.MC.No.5333 OF 2020(F)       2

             VELLOOR, VAIKOM, KOTTAYAM - 686 609

             BY ADV. SMT.RESMI NANDANAN

RESPONDENTS/DEFACTO COMPLAINANT & STATE:

      1      AMMINI, AGED 56 YEARS, D/O NARAYANAN, KOLLATTU
             HOUSE, VADAKARA, VELLOOR, VAIKOM,
             KOTTAYAM - 686 609

      2      STATE OF KERALA, REP BY THE PUBLIC PROSECUTOR, HIGH
             COURT OF KERALA - 682 031


             PUBLIC PROSECUTOR SRI.E.C.BINEESH

     THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD       ON
27.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.5333 OF 2020(F)                3




                                    ORDER

The accused Nos.1 to 9 came up against the

registration of crime alleging offences under Sections

120B,191,192,193,420,465,467,468,471 and 474 r/w 34 of

IPC. The original complaint submitted before the

Magistrate was referred under Section 156(3) Cr.P.C.

and caused to register a crime for the abovesaid

offences. A partition deed was executed in between

accused Nos.1 to 9 excluding the defacto complainant,

hence the complaint. None of the offence will stand

attracted by the exclusion of one of the co-owner in

executing a partition deed by the remaining co-owners.

At the most it will attract only a civil liability.

Hence the crime registered and final report, if any,

submitted will stand quashed under Section 482 Cr.P.C.

Crl.M.C. is allowed accordingly.

Sd/-

P.SOMARAJAN

JUDGE

msp

APPENDIX PETITIONER'S/S ANNEXURES:

ANNEXURE A CERTIFIED COPY OF THE CMP.NO.8208/2019

ANNEXURE B A TRUE COPY OF THE ORDER DATED 2.11.2020 IN CRL.M.P.NO.1297/2020

ANNEXURE C CERTIFIED COPY OF THE FIR.NO.0991/2019

RESPONDENTS ANNEXURES: NIL

//TRUE COPY//

P.A. TO JUDGE