Kerala High Court
Abison K.Poulose vs State Of Kerala on 30 September, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
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CRL.MC NO. 5600 OF 2015
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 30TH DAY OF SEPTEMBER 2024 / 8TH ASWINA, 1946
CRL.MC NO. 5600 OF 2015
CC NO.1 OF 2014 OF CHIEF JUDICIAL MAGISTRATE, ERNAKULAM
PETITIONERS/ACCUSED 1-15, 17 AND 18:
1 ABISON K.POULOSE
AGED 47, S/O.POULOSE, THE HUB, TRIARCH
APARTMENT,KANAKERI NAGAR CHITTETHUKARA,
KAKKANAD, CEPZ P.O, KOCHI 682037.
2 M.K. MOHANAN
AGED 53, S/O.E.U.K.NAIR, POOJA,
CUSAT P.O, KOCHI 682022
3 ELDO GEORGE
AGED 47, S/O.GEORGE, NADAPARAMBIL HOUSE,
THENGODU P.O.KOCHI - 682 030.
4 SUDHIN BEN CHERIAN
AGED 45, S/O.CHERIAN, VALAMPARAMBIL,
VENNALA P.O.,KOCHI - 682 028.
5 ELDHOSE P.A.
AGED 48, S/O.OUSEPH ABRAHAM, PUKKUNNEN HOUSE,
AQUADUCT ROADKANGARAPADY, KOCHI - 682 021.
6 FANCY MATHEW
AGED 46, W/O.MATHEW, KANJARATHUMMOOTTIL HOUSE,
KAKKANADCEPZ P.O, KOCHI - 682 037.
7 KURIEN T. KURIEN
AGED 53, S/O.T.KURIEN, THURUTHUMMEL HOUSE,
VADACODE P.O.KOCHI - 682 021.
8 R. VIZVANATHAN
AGED 52, S/O.RAMAMOORTHY, FLAT NO. C-7,
MARIGOLD APARTMENT, PIPELINE ROAD,
KOCHI - 682 021.
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9 ROY IYPE
AGED 55, S/O.IYPE, PONODATH VILLA, 37,
INFRA MEADOWS, ANJIKATH ROAD, CEPZ P.O,
KOCHI - 682 037.
0 SAJITH N.
AGED 36, S/O. PROF. NARAYANANKUTTY, RIVER VIEW,
PUTHULATH HOUSE, KANNVU ROAD, KALAMASSERY P.O,
KOCHI - 683 104.
11 PRAMOD M.P.
AGED 42, S/O.M.P.PRAKASHAN, NEOUNGAIL, 7/535,
MAVELIPURAM COLONY, KAKKANAD, KOCHI.
12 JOSEPH TARUN PATTACHERY
AGED 44, S/O.PRINCE PATTACHERY, EXCEL
ENGINEERS,PATTACHERY HOUSE, MUDIKKAL P.O,
PERUMBAVOOR,ERNAKULAM - 682 047.
13 NIJA EUGIN
AGED 34, W/O.EUGIN, KILITHATTIL HOUSE,
THENGODE P.O.KAKKANAD - 682 030.
14 M.V. THOMAS
AGED 57, S/O.M.C.VARGHESE, MECHAMKUNNEL
HOUSE,VILANGUE P.O, KIZHAKKAMBALAM.
15 ROY MATHEW
AGED 58, S/O.PAUL MATHEW, MENACHERIL HOUSE,
60/919,CHAMMANY ROAD, KALOOR, KOCHI -682 017
16 K.J. JOSEPH
AGED 48, S/O.K.V.JOSEPH, KURICKAL HOUSE,
VALLATHOLPADI, KOCHI-682 021.
17 JACOB
AGED 39, S/O.CHERIAN, MANAGER,
COCHIN SUBURBAN CLUB, VALLATHOLPADY,
THRIKKAKARA P.O, KOCHI - 682 021.
BY ADVS. SRI.K.R.VINOD
MS.JENCY SUSAN JOSE
SRI.V.SRI NATH
RESPONDENTS/COMPLAINANTS:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
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CRL.MC NO. 5600 OF 2015
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2 THOMAS MATHAI
S/O.A.P.MATHAI, AGED 60 YEARS,
THADAVILLE,CHANGAMPUZHA NAGAR, KOCHI-33.
BY ADVS.
SRI.BONNY BENNY
SRI.M.RAMESH CHANDER SR.
SMT.K.A.SANJEETHA
OTHER PRESENT:
SRI.SANGEETHARAJ.N.R, PP
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
30.09.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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CRL.MC NO. 5600 OF 2015
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P.V.KUNHIKRISHNAN, J.
--------------------------------
Crl.M.C.No.5600 of 2015
---------------------------------------------
Dated this the 30th day of September, 2024
ORDER
This criminal miscellaneous case is filed to quash the
proceedings against the petitioners, who are accused Nos.1
to 15, 17 and 18, in C.C.No.1/2014 on the file of the Chief
Judicial Magistrate Court, Ernakulam. It is a private
complaint filed by the 2nd respondent against the petitioners
alleging offences punishable under Sections 499 and 500 of
the Indian Penal Code. Annexure-A1 is the private
complaint.
2. The crux of the case of the 2nd respondent is that
the 1st petitioner herein made defamatory statements
against the 2nd respondent herein in his pleadings filed
before Munsiff's Court, Ernakulam as well as before the
District Court, Ernakulam, wherein civil litigations were going
on between the Club and the 2nd respondent herein. Hence it
is alleged that the accused committed the offence under
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CRL.MC NO. 5600 OF 2015
Sections 499 and 500 of the Indian Penal Code. According
to the petitioners, even if the entire allegations are
accepted, no offence is made out against the petitioners.
Hence this criminal miscellaneous case.
3. Heard the learned counsel for the petitioners and
the learned counsel for the 2nd respondent.
4. The counsel for the petitioners submitted that
petitioners 1 to 16 herein are the Managing Committee
members of a Club by name M/s. Cochin Suburban Club,
who are managing the administrative affairs of the Club.
Petitioners 1 and 2 are the Secretary and President of the
Club. The 17th petitioner is the Manager of the Club. The 2 nd
respondent herein was a member of the Club. It is
submitted that the offences would not lie at least against
petitioners 3 to 16 herein because they were not party to
the civil dispute wherein the alleged defamatory statements
were made. Therefore, it is submitted that the prosecution
against the petitioners 3 to 16 is an abuse process of court
because they are not parties to the suit. I think there is
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CRL.MC NO. 5600 OF 2015
force in the above submission. Admittedly the allegation in
the complaint is that in the pleadings filed before Munsiff's
Court, Ernakulam as well as before the District Court,
Ernakulam, wherein civil litigations were going on between
the Club and the 2nd respondent herein, there are
defamatory statements. When petitioners 3 to 16 are not
admittedly parties in the suit, I am of the considered opinion
that the prosecution against those accused need not be
continued.
5. Moreover, even if the entire allegations are
accepted in Annexure-A1, whether the offences under
Sections 499 and 500 IPC are made out is the question to be
decided by this Court.
6. This Court perused Annexure-A1 complaint. In
Annexure-A1 complaint it is stated that the 1 st defendant
Club in OS No.44/2013 represented by its committee
members accused Nos.2 to 17. According to the 2 nd
respondent, in paragraph 2 of the counter affidavit filed 1 st
accused for and on behalf of other accused, it is stated that
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CRL.MC NO. 5600 OF 2015
"the plaintiff who is a nuisance in the Club". It is further
stated that in paragraph .3 of the counter affidavit it is
stated that "every day he came to the Club, after having
consuming alcohol, he created lot of nuisance in the Club
premises, he insulted the Club members in the presence of
their family members and also abuse them using filthy
language. The plaintiff also insulted staffs of the Club
including lady staffs using filthy language." Again it is
stated that in I.A.No.565/2013 in CMA No.11/2013, it is
stated that "that by the strength of the injunction order now
the respondent creates chaotic situations inside the Club
premises blatantly violating the rules of discipline of the
Club". In paragraph 8 of Annexure-A1, it is stated that, in
the counter affidavit dated 22.01.2013 filed by the 1st
accused on behalf of the other accused to the effect that
"the plaintiff who is a nuisance in the Club". It is also stated
in Annexure-A1 complaint that the accused has made a
defamatory statement in the reply notice to the effect that
"the Managing Committee of the Club received complaints
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from lady staff of the Club against your client including the
act of your client outranging the modesty of women".
These are the allegations against the petitioners, which
according to the 2nd respondent, is defamatory. Admittedly,
these are the defence of the club in the suit filed by the 2 nd
respondent.
7. OS No. 430/2013 is filed by the 2nd respondent for
declaring the decision of the 1 st defendant-Club to terminate
the 2nd respondent from the membership of the 1st
defendant as null and void and that the finding of the 4 th
defendant-Disciplinary Committee is not binding on the 2nd
respondent and it is against the principles of natural justice
and for a decree restraining the defendants from obstructing
the 2nd respondent from enjoying the benefit as a member of
the Club. In the suit, when the case of the petitioners were
pleaded, while narrating the pleadings, the petitioners have
got a definite case that the 2nd respondent is making trouble
in the Club. That is why his membership was cancelled.
Admittedly, the suit was dismissed by the trial court as per
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CRL.MC NO. 5600 OF 2015
Annexure-A2 judgment.
8. The appeal filed by the 2nd respondent against the
suit is also dismissed as per judgment dated 14.03.2017 in
AS No. 45/2015. It is conceded by both parties that the
judgment/decree passed by the trial court is challenged
before this Court by filing RSA No. 811/2017. This Court
passed an interim order to the effect that the 2 nd respondent
can enjoy all the benefits of the Club, except his entry in the
Bar. According to the parties, the second appeal is pending
before this Court. This Court carefully perused Annexure-A1
complaint. I am of the considered opinion that, the
contention of the 2nd respondent that the allegation in the
pleadings filed by the petitioners before the civil court is
defamatory to the 2nd respondent, is not correct; but these
are defence raised by the petitioners. The allegation against
the 2nd respondent by the Club authorities is that he is
creating problem in the Club, after consuming alcohol. When
that is put in black and white in the pleadings, the same will
not attract the offence under Section 500 IPC. Moreover, the
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suit itself is dismissed and the same is confirmed in appeal.
Even though this Court admitted the second appeal and
passed the interim order allowing the 2nd respondent to
enjoy the benefit of membership in the Club, restricted him
to enter the Bar attached to the Club. I am of the considered
opinion that in the facts and circumstances of this case, the
continuation of prosecution against the petitioners is not
necessary.
Therefore, this Criminal Miscellaneous case is allowed .
All further proceedings against the petitioners in C.C.
No. 1/2014 on the file of the Chief Judicial Magistrate Court,
Ernakulam are quashed.
sd/-
P.V.KUNHIKRISHNAN
JV/SKS JUDGE
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CRL.MC NO. 5600 OF 2015
PETITIONER ANNEXURES
Annexure A1 THE CERTIFIED COPY OF THE PRIVATE
COMPLAINT NUMBERED AS CC NO.1/2014 IN
THE FILES OF THE CHIEF JUDICIAL
MAGISTRATE, ERNAKULAM.
Annexure A2 THE COPY OF THE JUDGEMENT IN OS.NO.
430/2013B IN PRINCIPAL MUNSIFF COURT
ERNAKULAM DATED 30.08.2014
Annexure A3 THE COPY OF JUDGEMENT IN AS N.O 45/2015
IN IIND ADDITIONAL SUB COURT ERNAKULAM
DATED 14.03.2017
Annexure A4 THE COPY OF COUNTER AFFIDAVIT_IN OS.NO.
430/2013 DATED 07.05.2013
Annexure A5 THE COPY OF INTERIM ORDER IN RSA NO.
811/2017 DATED 19.10.2017 IN HON'BLE
HIGH COURT
