RASHEED BASHEER Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners who seek to quash Annexure A11 final report submitted by the Sub Inspector of Police, Kayamkulam for offence punishable under Section 420 read with Section 34 IPC and consequential proceedings in C.C.No.68/2016 on the files of the Judicial First Class Magistrate Court, Kayamkulam, are the accused. They are husband and wife also.

(2.) They seek to quash the proceedings on the ground that allegations against them do not make out an offence punishable under Section 420 read with Section 34 IPC and further the transaction between the 3rd respondent, defacto complainant and the petitioners is only of civil nature.

(3.) The 1st accused husband is an owner of 8.52 Ares of land in Kayamkulam village obtained by him under Annexure A1 Sale Deed No.2194/2010 dated 17.7.2010. The allegation against the petitioners is that they approached the defacto complainant, the 3rd respondent and induced them to purchase the aforesaid land for a consideration of Rs. 45 lakhs and consequently following an agreement executed between 1st petitioner and the 3rd respondent, on 20.7.2010, the petitioners promised to execute a sale deed in favour of the 3rd respondent within a period of 3 years from the date of agreement for sale. On 20.7.2010 itself, an advance amount of Rs. 5,12,000/- was also paid to the 1st petitioner.