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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
SHAJI M SHANKAR – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. accused involved in insurance policy dispute. (Para 1 , 2) |
| 2. arguments presented regarding breach and mens rea. (Para 4 , 6 , 8) |
| 3. dispute classified as civil, not criminal. (Para 5 , 11) |
| 4. mens rea not established; charges insufficient. (Para 9 , 10) |
| 5. court quashed the fir. (Para 12) |
ORDER
The petitioners are the accused in Crime No.454 of 2022 registered by the Thampanoor Police Station, Thiruvananthapuram, for allegedly committing the offences punishable under Sections 420 , 406, 468 and 120B read with Section 34 of Indian Penal Code .
2. The gist of the prosecution case is that, the 2nd respondent had availed an insurance policy from the Life Insurance Corporation of India (‘LIC’ for brevity) on 28.12.2005 for an assured value of Rs.2,00,000/-, on payment of an annual premium of Rs.22,667/-. The policy was due to mature on 28.12.2020. Even though the 2nd respondent paid premium for four years, the accused paid the 2nd respondent only Rs.26,800/- towards the maturity value. Thus, the accused persons have committed the above offences.
3. I have heard the learned Counsel for the petitioners, the learned Public Prosecutor and the learned Counsel appearing for th
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