M. RAJARAM Vs. STATE

JUDGEMENT

(1.) This instant petition is filed under section 482 of Cr.P.C , 1973 invoking the inherent power of this Court to quash the FIR in Crime No. 45 of 2011 on the file of the Special S.I of Police, District Crime Branch, Cuddalore. The petitioner herein who is arrayed as 2nd accused in the above Crime No. 45 of 2011 has come up with the present quash petition.

(2.) The case of the petitioner is that the above FIR in Crime No. 45 of 2011 came to be registered by the 1st respondent Police under Section 420 I.P.C. as against the petitioner and one another, on the basis of a complaint dated 04.07.2011, given by the 2nd respondent/de-facto complainant, which was addressed to the Superintendent of Police, Cuddalore District.

(3.) According to de-facto complainant, the petitioner and his brother namely Kamaleshan, the 1st accused herein are brothers and they entered into a sale agreement, agreeing upon to sell a piece of property belonged to them. In pursuant of the sale agreement the de-facto complainant/2nd respondent had paid Rs. 64,000/- towards the sale consideration. However, having received the sale consideration, the petitioner herein failed to execute a sale deed in favour of the 2nd respondent. Inspite of several Panchayats convened, the petitioner and his brother never turned up to execute the sale deed in favour of the 2nd respondent, therefore the 2nd respondent has preferred the above complaint dated 23.04.2011 to the Superintendent of police through registered post and the same came to be forwarded to the 1st respondent police on 04.07.2011 for appropriate action. On receipt of the complaint forwarded by the Superintendent of Police, the 1st respondent has registered the above case in Crime No. 45 of 2011 under Section 420 I.P.C.