Can immovable property be the subject matter of commission of an offence of criminal breach of trust which is defined under Section 405 of the Indian Penal Code (for short 'IPC')? This question incidentally arises for consideration in this petition filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code').

2. The first petitioner is the father of the second petitioner. They are the first and the second accused in the case registered as Crime No.467/2013 of the Ponkunnam police station under Sections 406, 466, 467, 471 and 120B I.P.C. The aforesaid case was registered on the basis of the complaint filed by the second respondent in the Magistrate's Court concerned which was forwarded to the police under Section 156(3) of the Code for investigation. This petition under Section 482 of the Code is filed for quashing the first information report (Annexure-A1) in the case.

3. The material averments in the complaint (AnnexureA2) filed by the second respondent (hereinafter referred to as 'the complainant') are as follows: The complainant is a member of Kalathur tharavad. The first petitioner is also a member of that family. Partition of the