Kerala High Court
Fathimath Fasseena vs Thalayantakath Abdul Khareem on 26 March, 2021
Crl.MC.No.3249 OF 2016(E) 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
FRIDAY, THE 26TH DAY OF MARCH 2021 / 5TH CHAITHRA, 1943
Crl.MC.No.3249 OF 2016(E)
AGAINST THE ORDER/JUDGMENT IN CC 408/2015 OF JUDICIAL MAGISTRATE
OF FIRST CLASS, TALIPARAMBA
CRIME NO.740/2014 OF THALIPARAMBA POLICE STATION, KANNUR
PETITIONER/ACCUSED NO.4:
FATHIMATH FASSEENA
AGED 19 YEARS, D/O. ABOOBACKER, RESIDING AT
HIDAYATH NAGAR,TALIPARAMBA, KANNUR DISTRICT.
BY ADV. SMT.O.V.BINDU
RESPONDENTS/COMPLAINANTS & STATE:
1 THALAYANTAKATH ABDUL KHAREEM,
AGED 55 YEARS, S/O. ABDUL KHADER,KUTTIYERI AMSOM,
KANHIRANGAD,KANHIRANGAD P.O.,
TALIPARAMBA,KANNUR DISTRICT-670142.
2 STATE OF KERALA
(CRIME NO. 740/2014, S.I OF POLICE TALIPARAMBA
POLICE STATION) REP BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
KOCHI - 682 031
R1 BY ADV. SRI.V.T.MADHAVANUNNI
R1 BY ADV. SRI.V.A.SATHEESH
PUBLIC PROSECUTOR SRI.E.C.BINEESH
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
26.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.3249 OF 2016(E) 2
ORDER
The FIR and the final report submitted as
against accused No.4 sought to be quashed on the
ground that even going by the allegation no
criminal liability can be extended. The crime was
registered based on reference under Section 156(3)
Cr.P.C. alleging offence under Section 420 r/w
Section 34 of IPC. It is in connection with
execution of an agreement for sale by the accused
No.1 in favour of defacto complainant with respect
to his property which was earlier sold to one Manu
George Mathew and Prince Kuruvila in the year 2007,
from whom the accused No.4 purchased the property
through her father, the accused No.5. She was at
that time a minor. The accused Nos.2 to 5 were
roped in for the offence under Section 420 IPC by
filing a final report without any valid reason.
Hence, the final report is hereby quashed not only
against the petitioner herein, accused No.4 but
also against accused Nos.2,3 and 5. Crl.M.C. is
allowed accordingly.
Sd/-
P.SOMARAJAN
JUDGE
msp
APPENDIX
PETITIONER'S/S ANNEXURES:
ANNEXURE 1 A TRUE COPY OF THE COMPLAINT FILED BY THE
1ST RESPONDENT AS C.M.P.NO.3936/2014
BEFORE THE JUDICIAL FIRST CLASS
MAGISTRATE, TALIPARAMBA
ANNEXURE II A TRUE COPY OF THE FIR DATED 24.5.2014 IN
CRIME NO.740/2014 OF TALIPARAMBA POLICE
STATION
ANNEXURE III A TRUE COPY OF THE SALE DEED NO.2774/2007
OF S.R.O MATHAMANGALAM DATED 19.11.2007
ANNEXURE IV A TRUE COPY OF THE SALE DEED NO.553/2014
OF SRO MATHAMANGALAM DATED 31.3.2014
ANNEXURE V A TRUE COPY OF THE ORDER OF THE HON'BLE
COURT IN CRL.M.C.5082/2014 DATED
13.10.2015
ANNEXURE VI A CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO.740/2014 OF TALIPARAMBA POLICE
STATION.
RESPONDENTS ANNEXURES:NIL
//TRUE COPY//
P.A. TO JUDGE
