IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 19TH JULY 2010 / 28TH ASHADHA 1932 Crl.MC.No. 2498 of 2010() ------------------------- (CRIME No.588/2010 OF KANNUR TOWN POLICE STATION) PETITIONERS: ACCUSED ---------------------- 1. MANNEMBET MOOLAYIL RANJITH, S/O.BALAKRISHNAN, R10, MANIKKOTH, THAZHE HOUSE, ERANHOLI AMSOM, DESOM, VADAKKUMBAD, THALASSERY. 2. SEETHALAKSHMI, KALATHIL UCHAMBILLI, AGED 75 YEARS, AMRUTH HOUSE, TALAP, KANNUR. BY ADV. SRI.M.RAMESH CHANDER ADV.ANEESH JOSEPH RESPONDENTS: COMPLAINANT & STATE ---------------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. JOGESH BABU, MEMBER, WARD NO.XVI, PUZHATHI PANCHAYATH, KANNUR-682 306. PUBLIC PROSECUTOR SRI.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. --------------------------------- Crl.M.C.No.2498 of 2010 ---------------------------------- Dated this the 19th day of July, 2010 ORDER The petitioners seek to quash Annexure A2 F.I.R and all further proceedings in Crime No.588/2010 of Kannur Town Police Station registered for an offence punishable under Section 420 I.P.C. at the instance of the second respondent herein. According to the second respondent/complainant the sale deed executed by the second petitioner Seethalakshmi of 10 ¾ cents of land in favour of the first petitioner is vitiated by fraud because the second petitioner was not a consenting party to the sale deed executed on 26/3/2010. 2. The second petitioner who was the absolute owner of the property has no grievance that she did not voluntarily transfer the property to the first petitioner. On the contrary, the second petitioner has joined the first petitioner seeking an order quashing Annexure A2 F.I.R registered at the instance of a total stranger to Annexure A1 sale deed. When the executant of the document has absolutely no grievance that the document executed by her was under any of the vitiating Crl.M.C.No.2498/2010 : 2 : circumstances such as fraud, coercion, misrepresentation, undue influence, etc., it was not open to the second respondent herein to lodge a complaint alleging that the second petitioner was cheated by the first petitioner. The 2nd respondent herein is an inquisitive busy body who cannot be permitted to assail Annexure A1 sale deed. Annexure A2 F.I.R is accordingly quashed and no further proceedings shall be continued in Crime No.588 of 2010 of Kannur Town Police Station. This Criminal M.C. is allowed as above. V.RAMKUMAR, JUDGE skj