S.SUMATHI Vs. STATE

JUDGEMENT

(1.) Sole accused is the petitioner herein. Criminal Original Petition is filed to quash the criminal proceedings pending on the file of the learned Judicial Magistrate No.I, Nagapattinam, in C.C.No.73 of 2018 under Ss. 406 and 420 of IPC.

(2.) The case of the prosecution was that the land in Survey No.616/7, Sattanathapuram, North side measuring about 7 cents was came to the possession of the 2nd respondent by way of settlement deed from his sisters and the said property was originally purchased by the father of the second respondent. The said 2nd respondent wants to give a power of attorney to sell and maintain the said property.

(3.) The 2nd respondent on 11/2/1997 gave a power of attorney to the petitioner and the same was registered before the concerned Sub Registrar. Later, the petitioner sold the said land to herself by a sale deed dtd. 29/3/2006 and the said sale deed was duly registered on the file of the Sub Registrar, Sirkali as document number 522/2006. The sale consideration was Rs.3,000.00 and the said amount was also paid to the 2nd respondent. Later the said petitioner has sold the land to Anitha by a sale deed dtd. 9/9/2009.