Rakesh Dutta v. State Rep. by The Inspector of Police
2014-08-01
N.KIRUBAKARAN
body2014
DigiLaw.ai
Judgment : 1. Based on the complaint of the second respondent, F.I.R has been registered in Crime No.76 of 2014 under Sections 406, 420, 417, 465, 467, 468, 471 and 120(B) IPC, stating that the properties belonging to the second respondent, namely, 0.50.0 Hectares comprised in Survey No.89/7, Thottappanaickanoor village, Usilampatti Taluk, Madurai District, was stealthily and fraudulently sold by one M.S. Murugan and others, by impersonating the second respondent to the petitioner/accused No.3, F.I.R was registered. The said F.I.R is challenged before this Court. 2. When the matter is called, the second respondent as well as the power of attorney /accused No.3 are present before this Court and they have categorically stated that the matter has been settled, by which the petitioner re-conveyed the property and sold in favour of the second respondent. In proof of the same, the petitioner has produced a sale deed, dated 03.07.2014, registered as Document No.2282 of 2014, on the file of the Sub-Registrar, Usilampatti. A joint compromise memo, duly signed by the learned Counsel for the petitioner and the second respondent and counter signed by the parties has been produced. The second respondent has got no objection for quashing the F.I.R as against the petitioner alone. 3. In view of the categorical declaration made by the petitioner, and reconveyance of the property by the petitioner in favour of the second respondent/de-facto complainant, this Court is inclined to quash the F.I.R.No.76 of 2014 registered on the file of the respondent police, as against the petitioner alone. Further, it is made clear that the respondent police should diligently prosecute the other accused. 4. With the above direction, the Criminal Original Petition is ordered.