REKHA BENNY Vs. STATE OF KERALA

JUDGEMENT

(1.) A mother and daughter implicated in CC No.533/2015 on the files of the Judicial First Class Magistrate's Court-I, Kakkanad for having allegedly committed offences punishable under Sections 406 and 420 read with Section 34 IPC, are before this Court seeking to quash the proceedings against them under Section 482 Cr.PC.

(2.) The second respondent herein, alleged to be a close relative of the petitioners, filed Annexure-I complaint against the petitioners for allegedly committing the offences of criminal breach of trust and cheating in furtherance of common intention before the Magistrate, which was forwarded to the Trikkakara Police under Section 156(3) Cr.PC; resulting in registering of Crime No.209/2014 of that Police Station and ending in filing of Annexure-II final report.

(3.) The allegations in the complaint and the final report in brief are that the petitioners in furtherance of common intention, dishonestly induced the complainant to agree to purchase 55 cents of land belonging to the first petitioner on the basis of an oral agreement for sale and delivered a sum of Rs.20 lakhs to them as advance sale consideration. The petitioners being entrusted with the money dishonestly misappropriated it, retracted from the promise to sell and stealthily sold the property to some one else and thereby committed the above offences.