Domini Devassy vs N.P.George

Type Court Judgment Court Kerala Decided Nov 23, 2020

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Citation: sooperkanoon.com/1818000
Court: Kerala High Court
Judge: Honourable Mr. Justice P.V.Kunhikrishnan
Decided On: Nov 23, 2020
Case Number: Crl.MC/4965/2020

Parties & Advocates

Appellant / Petitioner

Domini Devassy

Respondent

N.P.George

Excerpt

.....statement and first information report.3. the counsel for the petitioners submitted that even ifthe entire allegations in annexure-i first information statement is accepted in toto, the offence under sections 447 & 506 ipc is not made out. the counsel submitted that there was an agreement for the sale of a property between the crl.m.c.no.4965 of 2020 3 petitioners and the de facto complainant. the petitioners were ready to comply with the terms of the sale agreement. the de facto complainant was not ready. subsequently this false complaint is filed. annexure-i was actually filed before the district police chief, ernakulam based on which annexure-ii first information report is registered.4. the public prosecutor after instructions submitted thatthe offence under section 447 ipc is already altered to section 451 ipc. the public prosecutor submitted that the investigation is going on. at this stage, this court may not interfere with the first information report.5. after hearing both sides, i think this is not a fit case in which the first information report can be quashed. the policeis investigating the matter based on annexure-ii first information report. if the case of the petitioners are correct, of course the police will refer the case. but if the case of the de facto complainant is correct, the police will file a final report. the petitioners are at liberty to challenge the same, if there is any final report is filed. a criminal case cannot be quashed atcrl.m.c.no.4965 of 2020 4 the threshold especially when the investigation is going on. moreover, the offences alleged against the petitioners are all bailable offences.6. considering the entire facts and circumstances of the case, i think annexure-ii first information report cannot be quashed at this stage. therefore, this crl.m.c is dismissed. sd/- p.v.kunhikrishnan, judge cms

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 23RD DAY OF NOVEMBER 2020 / 2ND AGRAHAYANA, 1942 Crl.MC.No.4965 OF 2020(A) CRIME NO.1720/2020 OF Perumbavoor Police Station , Ernakulam PETITIONERS: 1 DOMINI DEVASSY AGED 50 YEARS ALANGATTUKALOOR DESOM, KALOOR,THRISSUR-680 317 2 TOGEN DEVASSY AGED 45 YEARS ALANGATTUKALOOR DESAM, KALOOR, THRISSUR-680 317 BY ADVS. SRI.ADITHYA RAJEEV SHRI.SREEDEV U RESPONDENTS:

1 N.P.GEORGE AGED 64 YEARS S/O. PAPPACHAN, NAMBYATTUKUDI HOUSE, VALLAMKARA, PERUMBAVOOR VILLAGE, RAYONPURAM P.O, ERNAKULAM-683 543 2 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-682 031 R1 BY ADV. SMT.VIDYA KURIAKOSE R1 BY ADV. SRI.V.SREEJITH (K/1398/2000) SRI.RENJITH.T.R., PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

23.11.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.C.No.4965 of 2020 2 P.V.KUNHIKRISHNAN, J -------------------------------- Crl.M.C.No.4965 of 2020 ------------------------------- Dated this the 23rd day of November, 2020

ORDER

This petition is filed under Section 482 of Criminal Procedure Code was heard through Video Conference.

2. Petitioners are the accused in Crime No.1720 of 2020 of

Perumbavoor Police Station. The above case is registered against the petitioners alleging offences punishable under Sections 447 and 506 IPC. This petition under Section 482 Cr.P.C is filed to quash Annexure-I and II, First Information Statement and First Information Report.

3. The counsel for the petitioners submitted that even if

the entire allegations in Annexure-I First Information Statement is accepted in toto, the offence under Sections 447 & 506 IPC is not made out. The counsel submitted that there was an agreement for the sale of a property between the Crl.M.C.No.4965 of 2020 3 petitioners and the de facto complainant. The petitioners were ready to comply with the terms of the sale agreement. The de facto complainant was not ready. Subsequently this false complaint is filed. Annexure-I was actually filed before the District Police Chief, Ernakulam based on which Annexure-II First Information Report is registered.

4. The Public Prosecutor after instructions submitted that

the offence under Section 447 IPC is already altered to Section 451 IPC. The Public Prosecutor submitted that the investigation is going on. At this stage, this Court may not interfere with the First Information Report.

5. After hearing both sides, I think this is not a fit case in which the First Information Report can be quashed. The police

is investigating the matter based on Annexure-II First Information Report. If the case of the petitioners are correct, of course the police will refer the case. But if the case of the de facto complainant is correct, the police will file a final report. The petitioners are at liberty to challenge the same, if there is any final report is filed. A criminal case cannot be quashed at

Crl.M.C.No.4965 of 2020 4 the threshold especially when the investigation is going on. Moreover, the offences alleged against the petitioners are all bailable offences.

6. Considering the entire facts and circumstances of the case, I think Annexure-II First Information Report cannot be quashed at this stage. Therefore, this Crl.M.C is dismissed. Sd/- P.V.KUNHIKRISHNAN, JUDGE cms

Same Court & Year Kerala · 2020 Same Parties Domini Devassy vs N.P.George Same Judge Honourable Mr. Justice P.V.Kunhikrishnan