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