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Crime No. 618/2015 Of Nedupuzha … vs By Adv. Sri.Rajit on 30 October, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE SUNIL THOMAS

TUESDAY ,THE 30TH DAY OF OCTOBER 2018 / 8TH KARTHIKA, 1940

Crl.MC.No. 1079 of 2016

AGAINST THE ORDER/JUDGMENT IN CC 2518/2015 of J.M.F.C.-II,
THRISSUR

CRIME NO. 618/2015 OF NEDUPUZHA POLICE STATION, THRISSUR

PETITIONER/ACCUSED NOS.2 TO 5

1 VASU, AGED 67 YEARS
S/O.RAMAN, KILAVANPARAMBIL HOUSE, CHIYYARAM DESOM
VILLAGE, THRISSUR DISTRICT.

2 PUSHPA, AGED 63 YEARS
W/O.VASU, KILAVANPARAMBIL HOUSE, CHIYYARAM DESOM
VILLAGE, THRISSUR DISTRICT.

3 SHAIJU, AGED 41 YEARS
S/O.VASU, KILAVANPARAMBIL HOUSE, CHIYYARAM DESOM
VILLAGE, THRISSUR DISTRICT.

4 RAGHI, AGED 31 YEARS
W/O.SHAIJU, KILAVANPARAMBIL HOUSE, CHIYYARAM DESOM
VILLAGE, THRISSUR DISTRICT.

BY ADV. SRI.RAJIT

RESPONDENT/STATE DEFACTO COMPLAINANT:

1 STATE OF KERALA
REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM 682031.

2 NANTHITHA K.N, AGED 36 YEARS
D/O.NANTHANAN, KADOOKADAN HOUSE, MANITHARA,
CHOOLISSERY PO, AVANNUR VILLAGE,
THRISSUR DISTRICT 680301.

BY ADV. SRI.M.PREMCHAND

OTHER PRESENT:
PP SMT.V.SREEJA

THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 30.10.2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 1079 of 2016

2

O R D E R

Petitioners stand arrayed as accused Nos.2 to 5

in C.C. No.2518/2015 of Judicial First Class

Magistrate Court II, Thrissur for offences

punishable under Sections 406, 498(A) read with

Section 34 IPC. According to the prosecution, the

1st accused had married the 2nd respondent on

05.09.2004. Two children were born in the

matrimonial relationship. In the meanwhile, the 2nd

respondent laid a complaint alleging matrimonial

cruelty. It was stated that gold ornaments worth

46 sovereigns given to her at the time of marriage

was misappropriated. It was also stated that

accused Nos.2 and 5 demanded more dowry. Pursuant

to the complaint lodged, crime was registered as

Crime No.618/2015 of Nedupuzha Police Station,

Thrissur District and after investigation Annexure

C final report has been laid.

2. Petitioners who are accused Nos. 2 to 5
Crl.MC.No. 1079 of 2016

3

have approached this court to quash the

proceedings. According to the learned counsel for

the petitioners, Annexure A is the complaint

submitted to the Police. It refers to the alleged

misconduct on the part of the husband. The 1st

petitioner is her husband’s father, 2nd petitioner

his mother, 3rd petitioner his brother and 4th

petitioner is the wife of the 3rd petitioner.

3. It was alleged in the complaint that on the

date of marriage, petitioners 1 to 4 directed the

2nd respondent to remove the gold ornaments and to

hand it over to them. It is stated that the

offence under Section 406 IPC is attracted since

the entire money and gold ornaments were misused by

the accused.

4. In answering this allegation, learned

counsel for the petitioners invited my attention to

the final report wherein it is specifically stated

that on the request of the 3rd accused, the gold
Crl.MC.No. 1079 of 2016

4

ornaments were removed by CW1/the wife and

thereafter the 1st accused failed to return the gold

ornaments. According to the learned counsel, to

constitute an offence under Section 406 IPC, there

must be clear evidence regarding entrustment and

misappropriation. It was held that the available

evidence on record indicates that the gold

ornaments were entrusted to the 1st accused though

the 1st accused did not return it. According to the

learned counsel, this clearly shows that the de

facto complainant was proceeding on the basis that

it was the 1st accused who had misappropriated the

gold ornaments.

5. A perusal of the complaint shows that

specific and definite acts of cruelty are

attributed to the 1st accused. Though there are

certain allegations against the petitioners, the

complaint shows that most of the allegations are

generalized in nature. The specific date of the
Crl.MC.No. 1079 of 2016

5

incident of acts committed by the petitioners is

not forthcoming.

Having considered this, I feel that an offence

under Section 498A will not lie as against the

petitioners herein. Hence, I am inclined to hold

that Section 406 IPC cannot lie against the

petitioners. Consequently, the remaining offences

have also could not be fastened on the petitioners.

Accordingly, Crl.M.C. is allowed. All further

proceedings in C.C.No.2518/2015 of Judicial First

Class Magistrate Court II, Thrissur to the extent

it affects accused Nos. 2 to 5 stand quashed.

Sd/-

SUNIL THOMAS, JUDGE
Crl.MC.No. 1079 of 2016

6

APPENDIX

PETITIONER’S/S EXHIBITS:

ANNEXURE A TRUE COPY OF THE COMPLAINT FIELD BY THE
2ND RESPONDENT BEFORE THE THRISSUR TOWN
WEST POLICE

ANNEXURE B TRUE COPY OF THE FIR REGISTERED BY THE
NEDUPUZHA POLICE IN CRIME NO.618/2015

ANNEXURE C TRUE COPY OF THE FINAL REPORT FILED BY
THE NEDUPUZHA POLICE

ANNEXURE D TRUE COPY OF THE RECEIPT ISSUED BY THE
THRISSUR CORPORATION

ANNEXURE E TRUE COPY OF THE VOTERS ID CARD IN
RESPECT OF THE 3RD PETITIONER

ANNEXURE F TRUE COPY OF THE AADHAR CARD ID CARD IN
RESPECT OF THE 4TH PETITIONER SHOWING
SEPARATE RESIDENCE

Pn 01/11

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