Kerala High Court
Smitha Joby vs State Of Kerala on 24 October, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
2024:KER:79646
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 24TH DAY OF OCTOBER 2024 / 2ND KARTHIKA, 1946
CRL.MC NO. 8086 OF 2018
CRIME NO.1187/2018 OF Kunnathunadu Police Station, Ernakulam
PETITIONERS/ACCUSED 1 TO 4:
1 SMITHA JOBY, AGED 39 YEARS,
W/O.JOBY.O.S,RESIDING AT OOROTHU
HOUSE,VILANGU.P.O,KIZHAKKAMBALAM,
ERNAKULAM DISTRICT-686669.
2 MARY SCARIYA, AGED 65 YEARS,
W/O.SCARIYA THOMAS,RESIDING AT OOROTHU HOUSE,
VILANGU.P.O, KIZHAKKAMBALAM,
ERNAKULAM DISTRICT-683561.
3 LEELAMMA ANTONY, AGED 63 YEARS,
W/O.T.J.ANTONY, THATTARUKUNNEL HOUSE,
VAZHAPPILLY.P.O,
MUVATTUPUZHA, ERNAKULAM DISTRICT-686661.
4 O.S.BABY, AGED 50 YEARS
S/O.SCARIYA,RESIDING AT OOROTHU HOUSE,
NELLADU.P.O,KIZHAKKAMBALAM,
ERNAKULAM DISTRICT-683561.
BY ADVS.
SHAJI THOMAS
SRI.BINU PAUL
SRI.JEN JAISON
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682031.
2 SUB INSPECTOR OF POLICE, KUNNATHUNADU POLICE STATION,
ERNAKULAM DISTRICT-683542.
3 BEENA THOMAS, AGED 42 YEARS
W/O.SAJI MATHEW,RESIDING AT VADAKKEDATHU
HOUSE,MELUKAVUMATTOM.P.O, KOTTAYAM DISTRICT-686652.
Crl.M.C.8086/2018
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BY ADVS.
SRI.S.RAJEEV
SRI.K.K.DHEERENDRAKRISHNAN
SRI.V.VINAY
SRI.SEBASTIAN K.JOSE
SRI.K.ANAND (A-1921)
OTHER PRESENT:
SRI.SANGEETHARAJ.N.R, PP
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
24.10.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.8086/2018
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P. V. KUNHIKRISHNAN, J.
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Crl.M.C.No.8086 of 2018
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Dated this the 24th day of October, 2024
ORDER
This Criminal Miscellaneous Case is filed to quash the FIR in
Crime No.1187/2018 of Kunnathunadu Police Station.
2. The petitioners submitted that, even if the entire
allegations in the first information statement are accepted in toto, no
offence is made out. The counsel for the petitioners submitted that,
for the same set of facts, the petitioners approached the civil court,
and civil court has seizin of the matter and in such circumstance, the
criminal prosecution ought not have initiated. It is also submitted that
the petitioners suppressed the pendency of the civil suit in the
complaint and if that is mentioned in the complaint, the learned
Magistrate definitely will not forward the same to the police under
Section 156(3) Cr.P.C.
3. The counsel for the petitioners relied the judgment
of the Apex Court in Paramjeet Batra v. State of Uttarakhand
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and Others [2012 KHC 4763] and Usha Chakraborty v. State of
West Bengal [2023 KHC 6085]. The counsel for the petitioners
takes me through paragraphs 10 and 11 of the above judgment and
submitted that, FIR is to be quashed.
4. The counsel for the party respondent and the Public
Prosecutor submitted that, forgery is also alleged and therefore, this
Court may not interfere with the first information statement at this
stage.
5. This Court considered the contention of the
petitioners and also the decisions cited by the learned counsel for the
petitioners. I am of the considered opinion that, this Court need not
interfere with the investigation at this stage. The case is registered
alleging offences punishable under sections 465, 467, 468, 420, 120B
and 406 r/w 34 of the Indian Penal Code.
6. The allegation of the petitioners that a civil suit is
pending for the same set of facts and the FIR is to be quashed cannot
be accepted at this stage. All the contentions raised by the petitioners
are left open. The Investigating Officer can proceed with the
investigation. There is nothing to interfere with the FIR.
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Therefore, this Criminal Miscellaneous Case is dismissed.
Sd/-
P. V. KUNHIKRISHNAN
JUDGE
Sbna/25.10.2024
2024:KER:79646
PETITIONER ANNEXURES
ANNEXURE A1 CERTIFIED COPY OF THE FIR NO.1187/2018 DATED
03.10.2018 OF KUNNATHUNADU POLICE ALONG WITH
COMPLAINT DATED 28.09.2018.
ANNEXURE A2 TRUE COPY PHOTOCOPY OF THE LETTER DATED
12.10.2017 ISSUED BY THE BRANCH MANAGER OF
FEDERAL BANK LTD. ADDRESSED TO THE 1ST
PETITIONER(A1)
ANNEXURE A3 TRUE PHOTOCOPY OF THE PLAINT IN
O.S.NO.55/2017 DATED 20.11.2017 FILED BY THE
DEFACTO COMPLAINANT BEFORE THE SUB COURT,
PERUMBAVOOR.
ANNEXURE A4 TRUE PHOTOCOPY OF ORDER DATED 08.01.2018 IN
I.A.NO.675/2017 OF SUB COURT, PERUMBAVOOR IN
ANNEXURE A5 TRUE PHOTOCOPY OF ORDER DATED 08.01.2018 IN
I.A.NO.674/2017 OF SUB. COURT, PERUMBAVOOR
ANNEXURE A6 TRUE PHOTOCOPY OF THE JUDGMENT IN FAO
NO.30/2018 DATED 25.10.2018 OF THIS HON'BLE
COURT.
ANNEXURE A7 TRUE PHOTOCOPY OF THE JUDGMENT DATED
01.10.2018 IN W.P(C)NO.31836/2018.
