IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 31ST JANUARY 2011 / 11TH MAGHA 1932 Crl.MC.No. 4897 of 2010() ------------------------------------ ( FIR NO.1204/2010 OF ANCHALUMMOOD POLICE STATION) ---------------------------- PETITIONER(S): ACCUSED -------------------------------------- 1. GRACY BERNARD, W/O. STEPHEN BERNARD, PADINJARE KADAVILM, REBIN DALE, VELLIMON CHERRY, PERINAD VILLAGE, VELLIMON WEST P.O., PERINAD, KOLLAM. 2. STEPHEN BERNARD, S/O. VARGHESE STEPHEN, CENTRAL GOVERNMENT CONTRACTOR, PADINJARE KADAVILM, REBIN DALE, VELLIMON CHERRY, PERINAD VILLAGE, VELLIMON WEST P.O., PERINAD, KOLLAM. BY ADV. SRI.T.A.SHAJI RESPONDENT(S): COMPLAINANT ------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, (REPRESENTING THE SUB INSPECTOR OF POLICE, ANCHALUMMOOD POLICE STATION). 2. KUNJUMOL, W/O. GEORGE, GIM NIVAS, KUREEPUZHA CHERRY, THRIKKADAVOOR VILLAGE, KUREEPUZHA P.O., PERINAD, KOLLAM-691 604. R1 PUBLIC PROSECUTOR SRI.K.J.MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31/01/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.4897 of 2010 --------------------------------------- Dated this 31st day of January, 2011 ORDER This petition is to quash the FIR No.1204 of 2010 of Anchalummood Police Station for offences punishable under Sec. 420 r/w Sec.34 of the Penal Code and Sec.13 of the Money Lenders Act. According to respondent No.2, she was induced to execute a document in favour of the first petitioner on the promise that on repayment of the loan she availed from the second petitioner, property will be transferred to her but, in spite of her offer to pay the loan amount with interest petitioners evaded and refused to transfer the property to her. It is alleged that she was cheated by the petitioners. Based on the complaint of respondent No.2, police registered case as above stated. According to the petitioners it is an outright purchase of property in the name of petitioners and following that respondent No2 even executed a rent deed as per which she is residing in the building in the property and that rent deed was even renewed later. Annexures-E and F are produced to show payments to respondent No.2. Crl.M.C.No. 4897 of 2010 -: 2 :- 2. Though various contentions are raised in this petition, learned counsel has sought permission to withdraw the petition without prejudice to the right of petitioners to challenge the final report if any filed against petitioners before the appropriate court. I have heard learned counsel for petitioners and the learned Public Prosecutor. I am inclined to grant the request prayed for. Resultantly this criminal miscellaneous case is dismissed as withdrawn without prejudice to the right of petitioners to challenge the final report if any filed against them before the appropriate court. (THOMAS P JOSEPH, JUDGE) Sbna/-