IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 7TH DECEMBER 2011 / 16TH AGRAHAYANA 1933 Crl.MC.No. 4157 of 2011 ---------------------------------- [CC.NO.1489/2008 OF JUDICIAL MAGISTRATE OF FIRST CLASS COURT, CHAVAKKAD, CRIME NO.644/2008 OF VATANAPPILLY POLICE STATION,VATANAPPILLY, THRISSUR] .................... PETITIONER/1ST ACCUSED: ----------------------------------------- SHAHUL HAMMED, AGED 61, S/O.AVARASSU KUTTY, PALLITHOTTUNGAL, VATANAPPILLY, CHAVAKKAD, THRISSUR DISTRICT. BY ADV. SRI.K.I.SAGEER IBRAHIM. RESPONDENTS/STATE & DEFACTO COMPLAINANT: --------------------------------------------------------------------------- 1. STATE OF KERALA, REP. BY SUB INSPECTOR OF POLICE, VATANAPPILLY, (CRIME NO.644/08 OF VATANAPPILLY POLICE STATION), VATANAPPILLY, THRISSUR, - 678 683, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. 2. BASHEER ALI, S/O.IBRAHIM, AGED 45, PANIKKAVEETTIL, VATANAPPILLY VILLAGE, THRISSUR DISTRICT - 680 001. R1 BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN, R2 BY ADV. SRI.TONY CHACKO. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.M.C. NO.4157/2011: APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE 1: CERTIFIED COPY OF THE CRIME NO.644/2008 OF VATANAPPILLY POLICE STATION, VATANAPPILLY. ANNEXURE 2: COPY OF THE FINAL REPORT IN CRIME NO. 644/2008 OF VATANAPPILLY POLICE STATION, VATANAPPILLY. RESPONDENT'S ANNEXURES:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.4157 of 2011 ----------------------------------- Dated this the 7th day of December 2011 O R D E R Petitioner is the first accused in C.C.No.1489/2008 on the file of J.F.C.M.Court, Chavakkad which arose from Crime No.644/2008 of Vatanappilly Police Station. The offences alleged against the petitioner are under Secs.465, 468, 419, 420 and 120B r/w 34 IPC. It is stated that the petitioner was residing in a particular house. He made representation and induced the complainant who is the 2nd respondent herein to believe that petitioner was the owner of the property when in fact it was the petitioner's sister who was the owner of the property. The 2nd respondent who offered to purchase the property later came to know that the petitioner has no right over the property and thus, this complaint was filed. 2. The learned counsel for the petitioner and the 2nd Crl.M.C. No.4157 of 2011 -: 2 :- respondent would submit that thereafter the parties have settled the matter out of court and that the 2nd respondent has no more grievance in the matter. Affidavit to that effect has been filed. In the light of the settlement arrived at, this Crl.M.C. is allowed. Proceedings in C.C.No.1489/2008 on the file of J.F.C.M.Court, Chavakkad will stand quashed. N.K.BALAKRISHNAN, JUDGE. Jvt