Allegations stemming from a monetary dispute do not amount to valid criminal offenses under IPC or the POCSO Act.

This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure to quash the entire proceedings in S.C.No.477/2023 on the files of the Fast Track Special Court for the trial of Offences under the Protection of Children from Sexual Offences Act (hereinafter referred to as ‘POCSO Act’ for short), Chengannur. The petitioner herein is the sole accused in the above crime.

2.Heard the learned counsel for the petitioner and the learned Public Prosecutor in detail. Scrutinized the records.

3.In this matter, initially Annexure 1 complaint, vide Crl.M.P.No.1354/2022, was lodged before the Judicial First Class Magistrate Court, Mavelikkara by the defacto complainant herein, alleging commission of offences punishable under Sections 420 , 511 of 465 and 468 of IPC as well as under Section 9 of the Kerala Prohibition of Exorbitant Interest Act , 2012 (hereinafter referred to as ‘the Act, 2012’ for short). According to the learned counsel for the petitioner, the said complaint was investigated and the police found the same as false. Thereafter, another complaint was lodged incorporating more offences and for which, Annexure 2 FIR was registered on 03.11.2022. It is submitted by the learned counsel for the petitioner that as per the admitted case of the prosecution, the defacto complainant borrowed Rs.1 lakh from the accused on 10.01.2021 though it is alleged that exorbitant interest was demanded. The learned counsel submitted that actually Rs.2,50,000/- was borrowed after executing a promissory note on 10.01.2021. When the defacto complainant failed to repay the amount as agreed, the accused demanded the same and at this juncture, the defacto complainant filed Annexure 1 complaint. Thereafter, Annexure 5 notice, demanding repayment of the amount borrowed by the defacto complainant on three occasions coming to Rs.2,50,000/-, was issued and on failure to pay the same, despite receipt of demand notice, Annexure 6 suit was filed and the same has been pending. On getting demand notice dated 06.06.2022, the present FIR was registered on 03.11.2022 raising false allegations to wreck vengeance against the petitioner, who issued notice demanding money legally entitled to him with a view to defeat realisation of the amount.

4.The learned Public Prosecutor opposed quashment of this proceedings, on the submission that the allegations are prima facie made out and therefore, the matter shall go for trial.

5.In this matter, the prosecution alleges commission of offences punishable under Sections 420 , 511 of 465 and 468 of IPC as well as under Section 9 of the Act, 2012. On scanning the history of this case, it is admitted by the defacto complainant in the complaint that she borrowed Rs.1 lakh from the accused on 10.01.2021 and she has no case that she had discharged said liability in any manner. As per Annexure 5 demand notice and Annexure 6 copy of plaint, it is discernible that the petitioner issued notice and filed a suit alleging that the defacto complainant borrowed Rs.1 lakh on 27.01.2021, Rs.1,50,000/- on 17.02.2021 and failed to repay the same and accordingly, the accused is now before the competent civil court to get back the money. In such view of the matter, claim of exorbitant interest also does not arise.

6.Going by the entire prosecution allegations, the offence under the POCSO Act also is alleged stating that the accused when demanded the money on 05.05.2022, lifted his dhotti and showed his private part in the presence of a minor victim aged 12 years.

7.The sum and substance of the case centered on borrowing of money by the defacto complainant from the accused, demand of the same by the accused by issuing suit notice and subsequent events, as discussed hereinabove.

Thus it is discernible that monetary dispute in between the parties and demand thereof are the reasons behind the institution of this crime. Therefore, prima facie, the allegations as to commission of the above offences are not made out.

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