Petition filed under Section 482 Cr.P.C. Third accused in Crime No.36/2012 of Thaliparamba Police Station registered for offences punishable under Sections 467, 468, 471, 466 and 474 I.P.C seeks quashment of the complaint.
2. Heard the learned counsel for the petitioner and the learned Public Prosecutor. Third respondent, though served, did not choose to appear and contest.
3. The case arises out of a private complaint filed by the 3rd respondent, which was forwarded under Section 156(3) Cr.P.C for investigation. Gist of allegations is that the complainant is the daughter of one Seerevalappil Ibrahimkutty. The accused persons including the petitioner are the legal heirs of deceased Ibrahimkutty. The complainant alleged that after the death of Ibrahimkutty, the accused persons falsely created a Crl.M.C No.622 of 2012 2 legal heirship certificate and by using the same, they have withdrawn the bank deposits and made other transactions.
4. Learned counsel for the petitioner submitted that the entire allegations if accepted will only amount to a civil dispute. It is also submitted that there is a mistake in the number shown in the legal heir certificate. Instead of K-Dis.G1/17815/2009, it was wrongly shown as K-Dis.G1/17915/2009. That was an inadvertent mistake. Learned Public Prosecutor submitted that he received a report stating that the police has understood the nature of dispute and the investigation revealed that the dispute is only a civil dispute. Considering the facts and circumstances, I am of the view that continuation of the proceeding is an abuse of the process of court.
In the result, the First Information Report in Crime No. 36/2012 of Thaliparamba Police Station is hereby quashed.
All pending interlocutory applications will stand dismissed.
amk Sd/- A.HARIPRASAD, JUDGE.