SAHADEVAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are the accused in crime No.1059 of 2013 of Mavelikkara Police Station, which is now pending as C.C.No.284 of 2015 before the Judicial First Class Magistrate Court-II, Mavelikkara. The aforesaid crime was registered on the basis of a complaint submitted by the 2ndrespondent herein for the offences punishable under Sec. 420 read with Sec. 34 IPC.

(2.) The prosecution case is as follows: CW3 was the absolute owner in possession of 11 cents of landed property comprised in Re-survey No.13/1 of Kannamangalam Village. The de facto complainant entered into an agreement with CW1 through CW2, for purchasing the above property and he has also paid an amount of Rs.6,00,000.00 as advance to CW1. Later, he made some improvements in the property spending an amount of Rs.5,00,000.00. Subsequently, the aforesaid property was registered in the name of the 1staccused and according to the de facto complainant, the said sale was affected after borrowing an amount of Rs.21,50,000.00 from the 1staccused and the said amount was handed over to CW3 who is the owner of the property. According to the de facto complainant, the aforesaid sale deed was executed in favour of the 1staccused, on the specific understanding between the petitioner and defacto complainant that after the said sale deed is executed, the aforesaid properties will be sold to some other person with the help of accused Nos.2 and 3 and the profit generated from the such re-sale of the property will be shared with the de facto complainant as well. It is alleged that after resale of the property as proposed the accused Nos.1 to 3 did not share the profit as offered and the complaint is submitted in such circumstances. This Crl.M.C. is filed by the petitioners/accused seeking to quash the aforesaid proceedings.

(3.) Heard Sri.T.Madhu, learned counsel for the petitioner, Sri.Noushad K.A, the learned Public Prosecutor for the State and Sri.Vinodkumar, learned counsel for the 2ndrespondent.