Kerala High Court
Sinilal vs State Of Kerala on 21 November, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
Crl.M.C. No.3359 of 2016
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 21ST DAY OF NOVEMBER 2024 / 30TH
KARTHIKA, 1946
CRL.MC NO. 3359 OF 2016
CRIME NO.490/2015 OF VAIKOM POLICE STATION, KOTTAYAM
AGAINST CC NO.809 OF 2015 OF THE JUDICIAL
MAGISTRATE OF FIRST CLASS, VAIKOM
PETITIONERS/ACCUSED:
1 SINILAL
SININILAYAM, PRAMADOM, MALLASERY P.O.
PATHANAMTHITTA DISTRICT.
2 SINDHU V.LAL
W/O. V. SINILAL, SININILAYAM, PRAMADOM,
MALLASERY P.O., PATHANAMTHITTA DISTRICT.
BY ADV. SRI.RONY JOSE
RESPONDENTS/STATE & DE FACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM,
2 RADHAKRISHNAN
S/O. VELAYUDHAN, PUTHUKKATTIL, CHOORAKKATT
P.O. PUZHAKKAL, THRISSUR DISTRICT - 680 541.
3 ADDL.R3: SUSHAMA
W/O RADHAKRISHNAN, SANKARALAYAM HOUSE, T,V
PURAMROAD, SOUTH SIDE OF BHARATH COLLEGE,
VAIKOM P.O, KOTTAYAM - 686141
Crl.M.C. No.3359 of 2016
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4 ADDL.R4: APARNA
D/O RADHAKRISHNAN, SANKARALAYAM HOUSE, T,V
PURAMROAD, SOUTH SIDE OF BHARATH COLLEGE,
VAIKOM P.O, KOTTAYAM - 686141
BY ADVS.
SRI.FIROZ K.ROBIN
SRI.J.JULIAN XAVIER
SRI.RENJITH.T.R, SENIOR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 21.11.2024, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
Crl.M.C. No.3359 of 2016
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P.V.KUNHIKRISHNAN, J.
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Crl.M.C. No.3359 of 2016
--------------------------------------------
Dated this the 21st day of November, 2024
ORDER
This Criminal Miscellaneous Case is filed to quash the
proceedings in C.C. No.809/2015 on the file of the Judicial
First Class Magistrate Court, Vaikom.
2. The petitioners are challenging Annexure-A10
Final report. According to the petitioners, Annexure-A10
does not reveal the commission of any criminal offence.
Annexure-A10 Final report is submitted alleging offences
punishable under Sections 420, 468 and 471 r/w 34 IPC.
3. The allegation against the petitioners in
Annexure-A10 is that, after receiving advance sale
consideration, Annexure-A4 agreement for sale was
executed with the 2nd respondent for sale of a property over
which it is alleged that the petitioners did not have valid
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title. It is also stated that the petitioners have forged the
documents to prove the title over the property. Hence it is
alleged that the accused committed the above said
offences. According to the petitioners, even if the entire
allegations are accepted, no offence is made out.
4. It is a fact that the 2nd respondent preferred a
suit for specific performance of Annexure-A4 agreement
which was dismissed for default as per Annexure-A9
judgment on 17.03.2015. Thereafter the present criminal
complaint was filed. Now it is submitted that, subsequently
the above suit was restored and the case was referred for
mediation and the matter was settled before the Lok
Adalat. The same is produced as Annexure-A16.
5. It is submitted that the defacto complainant is
no more. The legal heirs were impleaded. Even though
notice was served to the legal heirs, they have not turned
up. That itself shows that, in the light of Annexure-A16,
they does not want to proceed with the case. Moreover,
this Court also perused Annexure-A10 final report. Even if
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the entire allegations in Annexure-A10 final report are
accepted, no criminal offence is made out. There may be
civil consequences, but the matter is settled between the
parties as evident by Annexure-A16. Therefore, the
continuation of the prosecution against the petitioners are
not necessary.
Hence, this Criminal Miscellaneous Case is allowed.
All further proceedings against the petitioners in C.C.
No.809/2015 on the file of the Judicial First Class
Magistrate Court, Vaikom arising from Crime No.490/2015
of Vaikom Police Station are quashed.
Sd/-
P.V.KUNHIKRISHNAN
DM JUDGE
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PETITIONER ANNEXURES
ANNEXURE A1 TRUE COPY OF THE COMPLAINT DATED
20.03.2015 FILED BY THE 2 ND
RESPONDENT BEFORE THE JUDICIAL FIRST
CLASS MAGISTRATE,VAIKOM
ANNEXURE A2 TRUE COPY OF THE FIR IN CRIME NO 490
OF 2015 OF VAIKOM POLICE STATION
DATED 21.03.2015
ANNEXURE A3 TRUE COPY OF THE AGREEMENT FOR SALE
DATED 30.01.2012 ENTERED IN TO
BETWEEN THE I ST PETITIONER AND 2 ND
RESPONDENT
ANNEXURE A4 TRUE COPY OF THE NEW AGREEMENT DATED
12.07.2012 ENTERED INTO BETWEEN THE
1 ST PETITIONER AND THE 2 ND
RESPONDENT
ANNEXURE A5 TRUE COPY OF THE LEGAL NOTICE DATED
03.11.2012 ISSUED TO THE 1 ST
PETITIONER
ANNEXURE A6 TRUE COPY OF THE REPLY NOTICE DATED
30.06.2012 ISSUED BY THE 1 ST
PETITIONER TO THE 2 ND RESPONDENT
ANNEXURE A7 TRUE COPY OF THE PLAINT IN O.S.N.O
37/2013 BEFORE THE SUBCOURT,
PATHANAMTHITTA
ANNEXURE A8 TRUE COPY OF THE WRITTEN STATEMENT
FILED BY THE 1 ST PETITIONER IN O.S.
NO 37/2013 BEFORE THE SUB COURT,
PATHANAMTHITTA
ANNEXURE A9 TRUE COPY OF THE JUDGEMENT DATED
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17.03.2015 IN O.S. N.O 37/2013
BEFORE THE SUB COURT, PATHANAMTHITTA
ANNEXURE A10 CERTIFIED COPY OF THE FINAL REPORT
IN C.C.NO 809/2015 ON THE FILES OF
THE JUDICIAL FIRST CLASS MAGISTRATE
COURT,VAIKOM
ANNEXURE A11 TRUE COPY OF THE ENCUMBRANCE
CERTIFICATE DATED 31.07.2015 ISSUED
BY THE SUB REGISTRAR'S OFFICE,KONNY
ANNEXURE A12 TRUE COPY OF THE SWORN AFFIDAVIT
DATED 28.04.2016 DULY NOTARISED
ANNEXURE A13 TRUE COPY OF THE CERTIFICATE DATED
31.03.2016 ISSUED BY THE ADDITIONAL
THAHASILDAR, KONNI
ANNEXURE A14 TRUE COPY OF THE POSSESSION
CERTIFICATE DATED 22.02.2016 AND
NUMBERED AS 302/16(4) ISSUED BY THE
VILLAGE OFFICER PRAMADOM
ANNEXURE A15 TRUE COPY OF THE LETTER DATED
22.02.2016 AND NUMBERED AS 302/16(1)
ISSUED BY THE VILLAGE OFFICER,
PRAMADOM.
ANNEXURE A16 A TRUE COPY OF THE AWARD BEARING
NUMBER 537/17 AND DATED IN O.S.
NO.37 OF 2013 ON THE FILES OF THE
HON'BLE SUB COURT, PATHANAMTHITTA.
RESPONDENTS EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
