Rakhi Ram Vs. State of Kerala - Court Judgment

SooperKanoon Citationsooperkanoon.com/1154477
CourtKerala High Court
Decided OnJul-02-2014
JudgeHONOURABLE MR. JUSTICE A.HARIPRASAD
AppellantRakhi Ram
RespondentState of Kerala
Excerpt:
in the high court of keralaat ernakulam present: the honourable mr. justice a.hariprasad wednesday, the2d day of july201411th ashadha, 1936 crl.mc.no. 1707 of 2013 () --------------------------- mc122012 of j.m.f.c., kayamkulam dated cc11172012 of j.udicial first class magistrate court, karunagappally crime no. 547/2012 of karunaagapally police station , kollam petitioner(s)/accused no. 1 to3 ----------------------------------------------------- 1. rakhi ram, age27 d/o.ramakrishnan achari, kalleeckal house eruva p.o.(west), kayamkulam.2. ramakrishnan achari, aged73 kalleeckal house, eruva p.o.(west), kayamkulam.3. ponnamma, aged56 kalleeckal house, eruva p.o.(west), kayamkulam. by adv. sri.s.mohammed al rafi respondent(s)/state and complainant: ------------------------------------------------------------------ 1. state of kerala represented by the public prosecutor high court of kerala, ernakulam.2. girish kumar s/o.chellappan achari, alummoottil, thekkumuri ayanivelikkulangaravillage, karunagappalli kollam-690 521. r1 by public prosecutor shri justin jacob this criminal misc. case having been finally heard on0207-2014, the court on the same day passed the following: crl.mc.no. 1707 of 2013 () --------------------------- appendix petitioner(s)' exhibits ------------------------------------- annexure-a: copy of the petition in m.c.no.12/12 on the file of judicial1t class magistratecourt, kayamkulam. annexure-b: certified copy of the fir and private complaint in crime no.547/12 of karunagappallypolice station annexure-c: certified copy of the final report in crime no.547/12 of karunagappally police station respondent(s)' exhibits: nil --------------------------------------- //true copy// a.hariprasad, j.-------------------------------------- crl.m.c. no.1707 of 2013 -------------------------------------- dated this the 2nd day of july, 2014. order petition filed under section 482 of the code of criminal procedure (in short, "cr.p.c.").2. petitioners are the accused in c.c.no.1117 of 2012 on the file of the judicial first class magistrate court, karunagapally. annexure-b complaint was filed before the court and it was forwarded for investigation under section 156(3) cr.p.c. after conducting investigation, the police has filed annexure-c final report. petitioners are called up to answer the offences punishable under sections 420 and 406 read with section 34 of the indian penal code (in short, "ipc").3. heard the learned counsel for the petitioners and the learned public prosecutor.4. facts admitted are as follows: the complainant is the husband of the 1st petitioner/1st accused. petitioners 2 and 3 (accused 2 and 3) are the father-in-law and mother-in-law of the complainant. it is revealed from the complaint that the marital relationship between the complainant and the 1st accused became crl.mc no.1707/2013 2 strained and they locked horns in various litigations. a divorce petition is also pending between the parties. in paragraphs 9 and 10 of annexure-b complaint, it is averred that the defacto complainant earned a fortune by working abroad and sent money to the account maintained in his wife's name (1st petitioner/1st accused) and without his consent, she withdrew money from the said account. it is also averred that gold ornaments weighting 13 sovereigns was also appropriated by her.5. learned counsel for the petitioners submitted that there is absolutely no averment that there was a dishonest intention on the part of the accused persons to deceive the complainant. none of the ingredients to constitute an offence of cheating defined under section 415 ipc has been alleged in the petition. on a careful scrutiny of the complaint, i am of the view that this criminal case is a counter blast to the other litigations pending between the parties. the averments in the complaint, even if taken in its entirety, would not constitute an offence of criminal breach of trust or cheating. there is no case in the complaint that the complainant entrusted money to the accused persons. therefore, i am of the view that the prosecution is an abuse of the process of the court. in the result, the petition is allowed. annexure-c final report in c.c.no.1117 of 2012 of the judicial first class magistrate court, crl.mc no.1707/2013 3 karunagapally is hereby quashed. all pending interlocutory applications will stand dismissed. a. hariprasad, judge. cks
Judgment:

IN THE HIGH COURT OF KERALAAT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.HARIPRASAD WEDNESDAY, THE2D DAY OF JULY201411TH ASHADHA, 1936 Crl.MC.No. 1707 of 2013 () --------------------------- MC122012 of J.M.F.C., KAYAMKULAM DATED CC11172012 of J.UDICIAL FIRST CLASS MAGISTRATE COURT, KARUNAGAPPALLY CRIME NO. 547/2012 OF KARUNAAGAPALLY POLICE STATION , KOLLAM PETITIONER(S)/ACCUSED NO. 1 TO3 ----------------------------------------------------- 1. RAKHI RAM, AGE27 D/O.RAMAKRISHNAN ACHARI, KALLEECKAL HOUSE ERUVA P.O.(WEST), KAYAMKULAM.

2. RAMAKRISHNAN ACHARI, AGED73 KALLEECKAL HOUSE, ERUVA P.O.(WEST), KAYAMKULAM.

3. PONNAMMA, AGED56 KALLEECKAL HOUSE, ERUVA P.O.(WEST), KAYAMKULAM. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENT(S)/STATE AND COMPLAINANT: ------------------------------------------------------------------ 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.

2. GIRISH KUMAR S/O.CHELLAPPAN ACHARI, ALUMMOOTTIL, THEKKUMURI AYANIVELIKKULANGARAVILLAGE, KARUNAGAPPALLI KOLLAM-690 521. R1 BY PUBLIC PROSECUTOR SHRI JUSTIN JACOB THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON0207-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 1707 of 2013 () --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- ANNEXURE-A: COPY OF THE PETITION IN M.C.NO.12/12 ON THE FILE OF JUDICIAL1T CLASS MAGISTRATECOURT, KAYAMKULAM. ANNEXURE-B: CERTIFIED COPY OF THE FIR AND PRIVATE COMPLAINT IN CRIME NO.547/12 OF KARUNAGAPPALLYPOLICE STATION ANNEXURE-C: CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.547/12 OF KARUNAGAPPALLY POLICE STATION RESPONDENT(S)' EXHIBITS: NIL --------------------------------------- //TRUE COPY// A.HARIPRASAD, J.

-------------------------------------- Crl.M.C. No.1707 of 2013 -------------------------------------- Dated this the 2nd day of July, 2014. ORDER

Petition filed under Section 482 of the Code of Criminal Procedure (in short, "Cr.P.C.").

2. Petitioners are the accused in C.C.No.1117 of 2012 on the file of the Judicial First Class Magistrate Court, Karunagapally. Annexure-B complaint was filed before the court and it was forwarded for investigation under Section 156(3) Cr.P.C. After conducting investigation, the Police has filed Annexure-C final report. Petitioners are called up to answer the offences punishable under Sections 420 and 406 read with Section 34 of the Indian Penal Code (in short, "IPC").

3. Heard the learned counsel for the petitioners and the learned Public Prosecutor.

4. Facts admitted are as follows: The complainant is the husband of the 1st petitioner/1st accused. Petitioners 2 and 3 (accused 2 and 3) are the father-in-law and mother-in-law of the complainant. It is revealed from the complaint that the marital relationship between the complainant and the 1st accused became Crl.MC No.1707/2013 2 strained and they locked horns in various litigations. A divorce petition is also pending between the parties. In paragraphs 9 and 10 of Annexure-B complaint, it is averred that the defacto complainant earned a fortune by working abroad and sent money to the account maintained in his wife's name (1st petitioner/1st accused) and without his consent, she withdrew money from the said account. It is also averred that gold ornaments weighting 13 sovereigns was also appropriated by her.

5. Learned counsel for the petitioners submitted that there is absolutely no averment that there was a dishonest intention on the part of the accused persons to deceive the complainant. None of the ingredients to constitute an offence of cheating defined under Section 415 IPC has been alleged in the petition. On a careful scrutiny of the complaint, I am of the view that this criminal case is a counter blast to the other litigations pending between the parties. The averments in the complaint, even if taken in its entirety, would not constitute an offence of criminal breach of trust or cheating. There is no case in the complaint that the complainant entrusted money to the accused persons. Therefore, I am of the view that the prosecution is an abuse of the process of the court. In the result, the petition is allowed. Annexure-C final report in C.C.No.1117 of 2012 of the Judicial First Class Magistrate Court, Crl.MC No.1707/2013 3 Karunagapally is hereby quashed. All pending interlocutory applications will stand dismissed. A. HARIPRASAD, JUDGE. cks