MATHIYALAKAN Vs. STATE

JUDGEMENT

(1.) The present Criminal Original Petition has been filed to quash the criminal complaint registered in Crime No.738 of 2022 dtd. 27/12/2022.

(2.) The allegation as found in the FIR is that the petitioners herein, who are the owners of the property of a piece of land, have given a Power of Attorney to the defacto complainant and also entered into Varthaman Deed. As per the Power of Attorney, complainant was authorised to deal with the said property and as per the Varthaman Deed, a sum of Rs.12.00 lakhs been received from him towards sale consideration, the petitioners promised to allow the defacto complainant to act on the Power of Attorney.

(3.) Contrary to the agreement, it is alleged that the petitioners had unilaterally issued notice of cancellation of Power of Attorney and also filed suit and as a result, the complaint been enquired. Pending investigation, the petitioners have approached this Court by filing the present Crl.OP No.2887 of 2023 alleging that the civil suit pending been suppressed by the complainant and had sought the directions of the learned Magistrate to register the complaint and investigate. Accordingly as per directions of the Judicial Magistrate, the police has registered the complaint and proceeding with the investigation.