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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
SREENA W/O SAJI – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. criminal charges arise from a violation of a civil agreement. (Para 2 , 5 , 6) |
| 2. accused's claim of false charges based on dismissed civil case. (Para 3) |
| 3. proceedings quashed due to lack of criminal basis. (Para 7) |
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
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