IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN TUESDAY, THE 21^ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946 CRL.MC NO. 1854 OF 2020 CRIME NO.1911/2018 OF Vaikom Police Station, Kottayam AGAINST THE ORDER/JUDGMENT IN CC NO.878 OF 2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS-I,VAIKOM PETITIONER/ACCUSED:

DON PAUL, AGED 35 YEARS S/O PAUL PAUL, THENGUMPALLI HOUSE, MANJOOR.P.O, KOTTAYAM DISTRICT.

BY ADV DON PAUL(Party-In-Person)

RESPONDENTS/STATE/DEFACTO COMPLAINANT:

1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERLA,ERNAKULAM-682031.

2 TISA DON, AGED 27 YEARS, D/O GEORGE KURIAKOSE, PALAKKAL HOUSE, BUS STAND ROAD, VAIKKOM.P.O, KOTTAYAM DISTRICT-

686141.

3 SECRETARY VAIKOM PALLIPRETHUSSERY SERVICE CO OPERATIVE BANK,NO.923,PALLIPRETHUSSERY.P.O, VAIKOM-686606.

BY ADVS.

SRI.ABRAHAM P.GEORGE C.C.ANOOP SMT.M.SANTHY SENIOR PUBLIC PROSECUTOR SRI RENJITH GEORGE THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 02.04.2024, THE COURT ON 21.05.2024 PASSED THE FOLLOWING:

“C.R”

A. BADHARUDEEN, J.

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Crl.M.C No.1854 of 2020-B ================================

Dated this the 21^st day of May, 2024

O R D E R

This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure (`Cr.P.C’ for short) by the 1^st 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 Section 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/1^st accused set criminal law in motion under Section 190 read with Sections 200 to 204 of Cr.P.C before the Judicial First Class Magistrate Court-I, Vaikom, alleging commission of offence punishable under Section 406 of IPC by the accused. The allegation in the complaint is that the marriage of the 1^st accused and the complainant was fixed on 08.04.2012 at St.Xavier’s Church, Kuruppunthara, Vaikom. Later marriage was solemnised on 14.04.2012 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 lakh adjusting the same towards the family share of the complainant. Accordingly, Rs.25 lakh was handed over on the date of betrothal and another Rs.25 lakh was kept in fixed deposit in the joint names of the complainant and the 1^st 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 lakh was deposited at Co-operative Bank, Pallippurathussery, Vaikom Taluk on 04.04.2012 by 25 separate fixed deposit receipts each of Rs.1 lakh, in the joint names of the complainant and the 1^st accused. It was alleged that the gold ornaments were entrusted with the 1^st and 2^nd accused as trustees. The specific allegation is that the F.D receipts of 25 Nos. (Rs.1 lakh each) were encashed by the 1^st and 2^nd 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 Section 156(3) of Cr.P.C and Annexure B final report was filed alleging commission of offence under Section 406 of IPC by the accused.

4. Now the petitioner would submit that no ingredients to attract offence under Section 406 IPC is made out and the complaint was filed without opting the alternative remedies available under Section 154(1) and 154(3) of Cr.P.C. Hence filing of private