ABEY JOSEPHAGED Vs. STATION HOUSE OFFICER

JUDGEMENT

(1.) This petition has been filed to quash the FIR in Crime No.282 of 2017, on the file of the first respondent registered for the offences under Ss. 147, 148, 448, 294(b), 506(ii), 468, 471, 420 of IPC r/w 149 of IPC.

(2.) The learned Senior Counsel appearing for the petitioners submitted that the petitioners are arraigned as A5 and A6 in Crime No.282 of 2017. He submitted that one Joseph Raj was alloted the disputed property through a registered partition deed among his brothers on 12/11/1914. In turn, he sold out the said property in favour of one Koulanthini on 4/9/2002 and registered as document No.3435 of 2002. Thereafter, the said Koulanthini and the petitioners entered into registered sale agreement dtd. 20/1/2003 to purchase the said property. On 11/4/2003, the petitioners purchased the said property for valid sale consideration of R.20,04,450/- and registered as Document No.2165 of 2003. In this regard, one Alexander Joseph, who shown as A7 in the present FIR, lodged a complaint on 19/7/2003, against the petitioners' vendor and others. He also filed a suit in O.S.No.508 of 2003 before the Principal District Munsif, Puducherry against the petitioners and obtained an order of status-quo in respect of disputed property.

(3.) The learned counsel appearing for the second respondent filed counter and submitted that FIR has been registered as against seven persons, in which the petitioners are arraigned as A5 and A6. The second respondent/defacto complainant has two ancestral properties, one is bearing old No.3/New No.5, Faracis Martin Street, Puducherry and another one is bearing Old No.10/New No.12, Faracis Martin Street, Puducherry. One Joseph Raj claimed title over the properties by way of forged partition deed dtd. 12/11/1914, by which he executed forged sale deed vide document No.3435 of 2002 in favour of one S.Koulanthini, who in turn executed a sale deed vide document No.2165 of 2003 in favour of the petitioners. Therefore the petitioners have purchased the said property knowing fully well aware that their vendor S.Koulanthini does not have title over the property.