Prior dismissal of a related suit prevents prosecution for similar claims without merit.

O R D E R Dated this the 11^th day of February, 2026 The 1^st accused in Crime No.424/2022 of Poochakkal Police Station, Alappuzha, filed this petition under Section 482 of Cr.P.C. praying for quashing all further proceedings against him. The offences alleged against the petitioner are under Section 120 B and 420 of IPC.

2. The prosecution case is that the accused persons, with the intention to cheat the defacto complainant and her husband, conspired together after making friendship with them and winning their confidence, obtained a sale deed in respect of a landed property in their favour on the promise that they will pledge the property in bank and discharge the liability within a period of six months and reconvey the property and thereafter failed to fulfill the promise.

3. According to the learned counsel for the petitioner, this is a false case foisted against the petitioner and his wife. According to the learned counsel, the petitioner and his wife purchased the property for valid consideration and there is absolutely no merits in the allegations levelled against them. Further according to the learned counsel, the suit filed by the defacto complainant as OS. No.8 of 2019 before the Sub Court, Cherthala, for setting aside the sale deed in favour of the petitioner and his wife, was already dismissed by the said court and also that the present case was registered after the dismissal of the above suit. Therefore, he prayed for quashing all further proceedings against the petitioner.

4. Though notice was served on the defacto complainant and she appeared through a lawyer, there was no representation for her at the time of arguments. The learned Public Prosecutor opposed the petition.

5. On a perusal of Annexure-3 judgment of the Sub Judge, Cherthala in O.S. No.8/2019 , it is revealed that the said suit was filed for cancellation of the sale deed executed by the husband of the defacto complainant in favour of the petitioner and his wife. The said suit was dismissed by the Sub Judge after a full-fledged trial, holding that the plaintiff therein failed to prove that the said document was executed without consideration. The above judgment was pronounced by the learned Sub Judge as early as on 8.4.2022. The present FIR is seen registered only on 1.7.2022, after the dismissal of the above suit, alleging that the document in favour of the petitioner and his wife was executed without consideration.

6. In the light of the Accexure-A3 judgment, it can be seen that there is absolutely no merits in the allegations raised against the petitioner and his wife, and as such no useful purpose will be served in continuing the proceedings against the petitioner. Therefore, this Crl.M.C. is allowed. All further proceedings against the petitioner in Crime No. 424/2022 of Poochakkal Police Station, Alappuzha, is quashed.

Sd/-