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2024 Supreme(Online)(KER) 42789

HIGH COURT OF KERALA
P.V. KUNHIKRISHNAN, J
SASI – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.PIRAPPANCODE V.S.SUDHIR, SRI.JELSON J.EDAMPADAM, SMT.R.RANJANA
For the Respondents: SRI.SANGEETHARAJ.N.R, PP

Table of Content
1. accused alleged to have deceived complainant regarding property. (Para 1 , 2)
2. counsel argues no offence under ipc; issues to be raised in trial. (Para 3 , 4)
3. court discusses conversion of civil disputes into criminal cases. (Para 5 , 6)
4. no offence under ipc established; civil remedy suggested. (Para 7)
5. criminal proceedings against petitioners quashed. (Para 8)

ORDER

The petitioners are accused in CC No. 1829/2016 on the file of the Judicial First Class Magistrate Court-III, Neyyattinkara. The above case is charge-sheeted alleging offence punishable under Sec. 420 r/w 34 IPC . The allegation levelled against the petitioners in the final report are to the effect that the accused had deceived the 2nd respondent, after making her believe that they will bring her husband who had absconded on condition that she will sell 5 cents out of 35 cents of her property to the 2nd petitioner. It is further alleged that despite registration of the sale deed, the petitioners had neither brought back the husband of the 2nd respondent nor reconveyed the property and therefore, the petitioners committed the offence. According to the petitioners, even if the entire allegations

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