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2019 Supreme(Online)(KER) 70088

DOMINIC JOSEPH @ JOSCH JOSEPH – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
['JOY GEORGE', '', 'SMT PRAICY JOSEPH', 'SRI VINO JOSE', 'SMT TANYA JOY', 'SRI SUMAN CHAKRAVARTHY', 'SENIOR GOVT PLEADER', 'SRI P VENUGOPAL']

The petitioner herein is the 1st accused in Crime No. 143

of 2018 of Karuvarakundu Police Station registered under

Sections 420 & 506 r/w Section 34 of the IPC.

2.

The prosecution allegation is that the petitioner

along with the rest of the accused approached the de facto

complainant and induced him to believe that they are having

the authority to assign a rubber plantation having an extent of

203 acres and by such inducement, persuaded the de facto

complainant to part with a sum of Rs.8,40,000/- on the

strength of an agreement for sale. Later, when the de facto

complainant realised that he had been defrauded, he set the

law in motion.

3.

The petitioner has approached this Court seeking to

quash the proceedings. According to the learned counsel, the

dispute is purely civil in nature and in that view of the matter,

the continuance of criminal proceedings is an abuse of process.

4.

Heard the learned counsel appearing for the

..3..

petitioner, the learned counsel appearing for the 3rd respondent

and the learned Public Prosecutor.

5.

I have considered the allegations in the complaint

and also the submissions advanced. Terminating criminal

proceedings at the threshold itself

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