Allegations of criminal cheating not sustainable when civil suit for performance was dismissed.

O R D E R Dated this the 28^th day of January, 2026 Petitioner is the 1^st 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 2^nd 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 dismissed. According to him, this is a false case foisted against the petitioner and the other accused and therefore, he prayed for quashing all further proceedings against the petitioner.

4. The petition was opposed by the learned counsel for respondents 2 and

3.

5. The allegations against the accused persons is that the 1^st accused entered into a sale agreement with the defacto complainant, promising to sell 2.02 Ares of property and a residential building situated therein to the defacto complainant for a sum of Rs.10,00,000/- and received a sum of Rs.8,00,000/- as advance and thereafter sold the property to the 2^nd respondent and thereby cheated the defacto complainant.

6. Admittedly, the defacto complainant filed a suit as O.S. No.417/2011 before the Sub Court, Kollam for specific performance in respect of the very same property. As per the judgment dated 28.8.2014, the learned Sub Judge dismissed the said suit. Aggrieved by the above judgment and decree, the defacto complainant preferred RFA No.670/2014 before this Court. As per the judgment dated 5.9.2019, this Court dismissed the first appeal also. Admittedly, no SLP was filed against the judgment of this Court in the said RFA.

7. From the facts, it is revealed that at the most it is only a breach of contract in respect of the agreement executed between the 1^st petitioner and the defacto complainant and the competent civil court has already found that the claim raised by the defacto complainant for specific performance is unsustainable. The said finding was confirmed by this Court also. In the above circumstances, the allegations raised against the petitioners that they have cheated the defacto complainant is unsustainable, in the light of the above judgment of the civil court. Therefore, further proceedings against the petitioner will only be an abuse of the process of the court and the same is liable to be quashed by invoking the power of this Court under Section 482 of Cr.PC. 8. In the result, this Crl.M.C. is allowed. All further proceedings against the petitioner in CC No.958/2018 on the file of the Judicial First Class Magistrate Court-III, Kollam, is quashed.

Sd/-