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2024 Supreme(Online)(Ker) 86356

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
ABOOBACKER HAJI, JAMEELA – Appellant
Versus
SUBAIDA, STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SHEJI P.ABRAHAM, SMT.THUSHARA PAILY
For the Respondents: SMT.THUSHARA.V, SRI.SANGEETHARAJ.N.R, PP, SRI.RAKESH ROSHAN

Table of Content
1. allegations regarding property sale mishandling. (Para 1 , 2 , 3)
2. arguments about charge validity. (Para 4 , 5 , 6)
3. court's reasoning on lack of criminal intent. (Para 7 , 8 , 9 , 10)
4. conclusion on quashing of prosecution. (Para 11)

ORDER

This Criminal Miscellaneous Case is filed to quash the proceedings against the petitioners in C.C. No.377/2018 on the file of the Judicial First Class Magistrate Court – II, Perambra, Kozhikkode.

2. The above case is charge sheeted against the petitioners and two others alleging offences punishable under Sections 468 , 420 and 406 IPC . Petitioners are accused Nos.3 and 4 in the above case.

3. The prosecution case in brief is that, 74 cents of property belonging to the defacto complainant was sold to the 4th accused under the mediation of the 1st accused and thereafter the property was registered in the name of the 4th accused on 09.03.17. The 1st accused, the middleman swindled major portion of the sale consideration and in furtherance of the transaction between the 1st accused and the defacto complainant, a car bearing registration No. KL56P7597 registered in the name of the 2nd accused (sister of the 1st accused) was give

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