DON PAUL Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Miscellaneous Case has been filed under Sec. 482 of the Code of Criminal Procedure ('Cr.P.C' for short) by the 1st accused in Crime No.1911/2018 of Vaikom Police Station, Kottayam, now pending as C.C.No.878/2019 on the files of Judicial First Class Magistrate Court-I, Vaikom. The prayer in the petition is to quash Annexure B final report and all proceedings in C.C.No.878/2019.

(2.) Heard the petitioner in person, who alleged to have committed offence punishable under Sec. 406 of Indian Penal Code ('IPC' for short). The learned Public Prosecutor also was heard. Perused the relevant documents.

(3.) The crux of the case is as follows:- As per Annexure-A complaint, vide CMP.No.8213/2018, the wife of the petitioner/1st accused set criminal law in motion under Sec. 190 read with Ss. 200 to 204 of Cr.P.C before the Judicial First Class Magistrate Court-I, Vaikom, alleging commission of offence punishable under Sec. 406 of IPC by the accused. The allegation in the complaint is that the marriage of the 1st accused and the complainant was fixed on 8/4/2012 at St.Xavier's Church, Kuruppunthara, Vaikom. Later marriage was solemnised on 14/4/2012 as per the religious rituals and the marriage also was registered. At the time of the marriage proposal, the accused herein demanded 75 sovereigns of gold ornaments and Rs.50.00 lakh adjusting the same towards the family share of the complainant. Accordingly, Rs.25.00 lakh was handed over on the date of betrothal and another Rs.25.00 lakh was kept in fixed deposit in the joint names of the complainant and the 1st accused on condition that the same would only be used for the benefit of the complainant and children to be born in the wedlock. Further 75 sovereigns of gold ornaments were also given. The further case is that Rs.25.00 lakh was deposited at Co-operative Bank, Pallippurathussery, Vaikom Taluk on 4/4/2012 by 25 separate fixed deposit receipts each of Rs.1.00lakh, in the joint names of the complainant and the 1st accused. It was alleged that the gold ornaments were entrusted with the 1st and 2nd accused as trustees. The specific allegation is that the F.D receipts of 25 Nos. (Rs.1.00 lakh each) were encashed by the 1st and 2nd accused without the knowledge and consent of the complainant and thereby committed breach of trust. Further the gold ornaments were also misappropriated. Police investigated the crime as directed by the Magistrate under Sec. 156(3) of Cr.P.C and Annexure B final report was filed alleging commission of offence under Sec. 406 of IPC by the accused.