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2024 Supreme(Online)(KER) 42128

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


Advocates:
SRI.PRATHEESH.P, SRI.V.PREMCHAND

ORDER

This Criminal Miscellaneous Case is filed to quash the proceedings in C.C.No.2493/2015 on the file of the Judicial First Class Magistrate Court (Temporary), Chavara arising from Crime No.333/2015 of Chavara Police Station. The above case is charge sheeted against the petitioners alleging offences punishable under sections 420 and 464 r/w 34 of the Indian Penal Code .

2. The gist of the prosecution case is that, the accused in order to make illegal gain by deceiving the defacto complainant had fraudulently obtained 1.25 Ares of property belonging to the defacto complainant comprised in Re.Sy.No.188/8, Block No.19 of Chavara Village by executing a sale deed on 30.10.2013 by misleading the defacto complainant that the document is only a release deed and thereby cheated the defacto complainant resulting illegal loss to her. Hence, it is alleged that the accused committed the offences. According to the petitioners, even if the entire allegations are accepted, no offence is made out against the petitioners.

3. Heard counsel for the petitioners and the counsel appearing for the 2nd respondent.

4. The admitted case is that a registered sale deed is executed by the defacto complainant an

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