IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 18TH MAY 2010 / 28TH VAISAKHA 1932 Crl.MC.No. 1684 of 2010() ------------------------- CC.177/2009 of JUDL. MAGISTRATE OF FIRST CLASS-II, KOCHI .................... PETITIONER(S): ------------------------- 1. RAJA,S/O.SHEREEF,PONPURATHU VEEDU, THIRUMALA BHAGAM,THURAVOOR DESOM, KUTHIATHODE VILLAGE. 2. PETER,S/O.JOSEPH, PADIYARA VEEDU, WATER LAND ROAD, PALLURUTHY DESOM, RAMESWARAM VILLAGE. BY ADV. SRI.RASHEED C.NOORANAD RESPONDENT(S): --------------------------- 1. STATE OF KERALA REP. BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA. 2. LIJU VINCENT,W/O.VINCENT,ATHIPOZHI HOUSE,SAUDI BHAGAM,MUNDAMVELY KARA, RAMESWARAM VILLAGE. 3. JUDE THADEVUS,S/O.THOMAS,THACHUTHARA HOUSE, VADUTHALA DESOM,CHERANALLOOR VILLAGE. PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.1684 of 2010 = = = = = = = = = = = = = = Dated this the 18 th day of May, 2010 ORDER Petitioners, who are accused Nos.2 and 3 in C.C.No.177 of 2009 on the file of the J.F.C.M-II, Kochi for offences punishable under sections 166,167,464,466,193,195,196,197 and 120B read with 34 IPC seek to quash the proceedings in C.C.No.177 of 2009 pending before the J.F.C.M-II, Kochi. 2. The above crime was registered on the basis of a private compliant filed by the 3rd respondent herein before the Chief Judicial Magistrate Court, Ernakulam. The prosecution case is that the 1st accused, working as U.D.clerk in the Sub Registrar's Office, Panavally conspired with the other accused persons and sold an extent of 4.86 cents of land to one Felix after concealing an endorsement regarding re-attachment by a court order in the encumbrance certificate issued to them. The matter has been settled between the de facto complainant and the 1st accused by the 1st accused paying the entire amount to the complainant and the de facto complainant does not want to prosecute the case further in view of the settlement arrived at. In the light of the Crl. M.C. No.1684 of 2010 2 decision of the Apex Court in Manoj Sharma v. State (2008) 16 SCC 1 and Pankaj Kumar v. State of Maharashtra (2008) 16 SCC 117, C.C.No.177/2009 pending before the J.F.C.M-II, Kochi is quashed. This Crl.M.C is allowed as above. Dated this the 18th day of May, 2010. V. RAMKUMAR, JUDGE sj