BADARUDHEEN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the accused in crime no.680/2013 of Chathanoor police station in Kollam district. Second respondent filed a complaint before the magistrate against the petitioner alleging commission of offences punishable under Secs 406 and 420 of IPC. The complaint was forwarded by the learned magistrate to the local station house officer directing to register a case and hold an investigation. Accordingly an FIR was registered. A copy of the same is Ext P3. The petitioner seeks to quash Ext P3 FIR.

(2.) Heard Sri.R.Rajasekharan Pillai, the learned counsel for the petitioner, Sri.P.Shanes Methar, the learned counsel for the second respondent and Sri.M.R.Dhanil, the learned public prosecutor.

(3.) It seems that there was an agreement between the petitioner and the second respondent for the sale of a lorry to the former by the latter. It is also alleged that some payments were made towards the price of the lorry. The agreement did not materialise. The parties to the contract accuse each other for the breach of the contract. On receipt of the complaint forwarded under Sec.156(3) of Cr.P.C, the station house officer registered Ext P3 FIR. The offences shown therein are those punishable under Secs 406 and 420 of IPC. The said FIR is sought to be quashed on the ground that the disputes between the parties are purely civil in nature. It is not necessary for me to go into that question to decide the present original petition.