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2026 Supreme(Online)(Ker) 5218

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
SREENA W/O SAJI – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.LEO GEORGE
For the Respondents: SRI.AUGUSTUS BINU, SMT.ANJU THOMAS.M, SHRI.KARTHIK J SEKHAR

O R D E R Dated this the 28th day of January, 2026 Petitioner is the 1st accused in CC.958/2018 on the file of the Judicial First Class Magistrate Court-III, Kollam. He filed this petition under Section 482 of the Cr.P.C., praying for quashing all further proceedings against him. The offences alleged against the petitioner and the co-accused are under Sections

406, 420, 468, 469 r/w 34 of IPC .

2. The prosecution case is that the accused persons with the intention to cheat the defacto complainant and to make unlawful enrichment, an agreement for sale was executed on 30.3.2011, promising to sell an extent of 2.02 Ares of property and a residential building therein for a total consideration of Rs.10,00,000/- and received a sum of Rs.8,00,000/- as advance and thereafter, in violation of the agreement, executed a document in favour of the 2nd accused and thereby they are alleged to have committed the aforesaid offences.

3. According to the learned counsel for the petitioner, the suit filed by the defacto complainant for specific performance, was already dismissed by the trial court and also that RFA No.670/2014 field before this Court against the above judgment and decree was also di

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