REENA Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under Section 438 of the Code of Criminal Procedure.

(2.) The petitioners herein, who are the wife and husband respectively, are accused Nos.1 and 2 in Crime No.77 of 2017 of Padinjarathara Police Station, registered alleging offence punishable under Sections 415 , 417 , 420 r/w Sec.34 of the IPC .

(3.) The petitioners are the owners in title and possession of an item of property and a residential home situated within the limits of Kavumannan Village. They entered into an agreement for sale in respect of the said property with the de facto complainant. After accepting the entire consideration of Rs.75 lakhs on the assurance that the sale deed would be executed and registered, they backtracked and failed to register the deed. Left with no alternative, a complaint was filed and a Crime was registered.