Bona fide purchasers without knowledge of prior allotments cannot be held liable for criminal offenses related to property disputes.

ORDER

This criminal original petition has been filed praying to quash the proceedings in CC.No.158 of 2020 on the file of the Judicial Magistrate, Alandur

2. The case of the prosecution is that the second respondent had purchased the land to an extent of 2280 sq.ft. comprised in survey No.405/10, Okkiyam Thoraipakkam Village situated at Plot No.113, Central Excise and Customs Colony, Thoraipakkam, Chennai. Thereafter, the second respondent had entered into joint venture agreement with one, Swamy Jayam, who is arrayed as A1, to develop the said property by joint venture agreement dated 18.06.2008. Accordingly, the first accused proposed to construct ground + first floor, totally four flats. As per the agreement, the second respondent shall be allotted 50% of the construction area i.e. two flats, wherein one flat in the ground floor facing road side and another one at first floor rear side of the building. Accordingly, the second respondent also executed power of attorney in favour of the first accused with power to sell 50% of the UDS in the land to any third party.

3. By virtue of a Sale cum Construction Agreement dated

24.07.2010 entered between the Petitioners and R.M.Swamy Jayam, the said R.M.Swamy Jayam agreed to construct a Flat in first floor, having a plinth area of 819 sq. ft. with a covered car park for sum of Rs.40,35,000/- (Rupees Forty Lakhs Thirty Five Thousand only). Following the same, the 2nd Respondent through his Power Agent R.M.Swamy Jayam had executed a Sale Deed dated 13.09.2010 for 414 sq. ft. of undivided share in 2280 sq. ft. for sum of Rs.4,69,476/-(Rupees Four Lakhs Sixty Nine Thousand Four Hundred and Seventy Six only) in favour of the Petitioners vide document bearing No.4816/2010 respectively, registered in the office of SRO, Neelankarai. The 2nd Respondent through his Power Agent (R.M.Swamy Jayam) had executed a Sale Deed dated 03.07.2011 for 660 sq. ft. of undivided share in 2280 sq. ft. for sum of Rs. 8,80,440/- in favour of one G.Subramanian registered as Doc. No.3291/2011 in the Sub-Registrar Office of Neelankarai. The 2nd Respondent through his Power Agent (R.M.Swamy Jayam) had executed a Sale Deed dated 28.11.2011 for 63 sq. ft. of undivided share in 2280 sq. ft. for sum of Rs.84,042/- in favour of one R.Jayanthima registered as Doc. No. 8346/2011 in the Sub-Registrar Office of Neelankarai. The 2nd Respondent had executed a Sale Deed dated 15.02.2013 for 603 sq. ft. of undivided share in 2280 sq. ft from

50% share, for sum of Rs.12,06,000/- in favour of one Mrs.R. Jayanthima, D/o. Mr.S. Ramanujam registered as Doc. No. 1130/2013 in the Sub-Registrar Office of Neelankarai. The 2nd Respondent executed another Sale Deed dated 29.04.2015 for 500 sq. ft. of undivided share in 2280 sq. ft. form his 50% share, together with a residential flat, bearing Flat No. A, in Ground Floor having super built up area of 1080 Sq. ft. for sum of Rs.48,00,000/- in favour of one Mrs. M.Devamani, W/o. Mr.S. Ramanujam registered as Doc. No. 3316/2015 in the Sub-Registrar Office of Neelankarai.

4. The second respondent further alleged that without his knowledge a flat which was allotted in favour of him, was sold out in favour of the petitioners. The petitioners had purchased the said property with their absolute knowledge that the said flat was allotted in favour of the second respondent. On receipt of the said complaint, the first respondent registered FIR and completed investigation in crime No.2100 of 2012. After completion of investigation, final report was filed and the same has been taken cognizance by the trial court for the offence punishable under Section 420 of IPC.

5. The learned counsel appearing for the petitioners would submit that they are arrayed as A2 and A3. They are bonaf