Usha v. State of Kerala
Case brief
What is this about?
Special leave regarding the rejection of prosecution's case in a cheating case arising from an alleged breach of contract regarding immovable property sale. The court held the dispute was purely civil and allowed the petition.
What did the court decide?
The proceedings in Crime No.1484 of 2018 of Kadakkal Police Station are quashed.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
THURSDAY ,THE 13TH DAY OF DECEMBER 2018 / 22ND AGRAHAYANA, 1940
Crl.MC.No. 5431 of 2018
AGAINST THE JUDGMENT IN AS 125/2007 of SUB COURT,KOTTARAKKARA
CRIME NO. 1019/2018 OF Kilimanoor Police Station , Thiruvananthapuram * CORRECTED AS FIR NO.1484/2018 OF KADAKKAL POLICE STATION AS PER ORDER DATED 13.12.18 IN CRL.M.A.NO.1/18 IN CRL.M.C. 5431/18
PETITIONERS:
USHA
AGED 66 YEARS
D/O.NARAYANAN, RESIDING AT SREENIDHI, MULLARAMKODE DESOM, VADASSERIKONAM PO, KOTTOOR VILLAGE, VARKALA, THIRUVANANTHAPURAM
Issues for consideration
2 issues framed by the court
Whether the criminal proceedings for cheating and criminal breach of trust in a property sale dispute are maintainable or purely civil in nature.
Whether the proceedings should be quashed on the ground that the dispute is only a breach of contract.
Parties & counsel
- petitioner
Usha
- respondent
State of Kerala
- respondent
Sajeev
Coram
Case details
As recorded by the court registry
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