JOSE PHILIP Vs. MUHAMMED ALI

JUDGEMENT

(1.) The petitioners herein has filed the present petition in order to quash the entire proceedings initiated on the strength of Annexure-A5 complaint in C.C. No. 654/2014 on the files of the Court of Special Judicial First Class Magistrate (Marad Cases), Kozhikode. The second petitioner is the wife of the first petitioner. On 16.02.2010, an agreement was executed between the petitioners and the first respondent as per which the first respondent agreed to purchase the petitioners' property extending 5¾ acres of property for a consideration of Rs. 14,90,000/- per acre. The first respondent failed to pay the balance sale consideration and to perform his part of the agreement. In this connection, the respondent filed O.S. No. 878 of 2010 before the Sub Court, Kozhikode seeking a decree for refund of advance sale consideration of Rs. 33,00,000/- from the petitioners. True copy of the plaint dated 03.11.2010 in O.S. No. 878/2010 before the Sub Court, Kozhikode is produced and marked as Annexure A1. The first respondent obtained an interim order of injunction restraining the petitioners from alienating the property and the same was later vacated. The said property was later sold to one Bava and Ali. The petitioners filed Annexure A2 written statement in February, 2011 by contesting the case. The first respondent and one Moideenkutty later created a false agreement dated 05.03.2011 purporting to have executed between the petitioners and one Moideenkutty by which the property is agreed to be conveyed to the said Moideenkutty for a consideration of Rs. 10,90,000/- per acre. The petitioners who came to know about the creation of false documents forging the signature of the petitioners on 04.03.2012 is produced and marked as Annexure A3. On the basis of Annexure A3, the police registered Crime No. 56 of 2012 against the first respondent and Moideenkutty for offences punishable under Sections 406, 420, 468 and 471 read with Section 34 of the IPC. True copy of the said FIR in Crime No. 56 of 2012 of Kakkoor Police Station is produced and marked as Annexure A4. On 18.07.2013, the first respondent filed Annexure A5 private complaint before the Court of Special Judicial First Class Magistrate (Marad Cases), Kozhikode alleging that on 19.06.2013, during the course of hearing of O.S. No. 878/2010 before the Sub Court, Kozhikode, the defence counsel read the FIR in Crime No. 56/2012 of Kakkoor Police Station and on its basis made some statement defaming the first respondent. According to the petitioners, the said allegation does not constitute an offence under Section 500 of IPC.

(2.) According to the petitioners, the learned Magistrate went wrong in taking case on file and issuing process to the petitioners. In fact, Annexure-A5 complaint was filed to harass the petitioners and it is an abuse of process of the Court. It was also submitted that Annexure-A3 is the petition submitted by the petitioners before the police, on the basis of which Annexure-A4 crime was registered and the same is under investigation. Annexure-A3 petition relates to the forgery of an agreement by the first respondent and another. There is absolutely nothing defaming the petitioners in Annexure-A3 and the reading of Annexure-A3 before the court of law by the petitioners' counsel did not amount to defamation also. Therefore, the petitioners have sought for quashing the entire proceedings initiated against them.

(3.) It was brought out that several cases are pending between the petitioners and the first respondent and it has also come out that O.S. No. 878/2010 is pending before the Sub Court, Kozhikode as evidenced from Annexure-A1. In Annexure-A1 the first respondent is the plaintiff and defendants 1 and 2 are the petitioners herein. Annexure-A1 was filed in order to realise the amount just advanced to the petitioners at the time of execution of the agreement. The first respondent has filed a complaint before the Magistrate Court stating that the learned counsel for the petitioners has read loudly that and this was written in the FIR by Kakkoor Police Station in Crime No. 56/12.