IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 29TH JUNE 2011 / 8TH ASHADHA 1933 Crl.MC.No. 1951 of 2011() ---------------------- CC.658/2008 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, ATTINGAL .................. PETITIONERS / A1 TO A3 : ------------------------------------- 1. SAJIDHA, AGED 36 (A1) D/O. BEEMA KANNU, SAJIDHA MANZIL, KOCHUVILAMUKKU, ALAMCODE, MANAMPUR VILLAGE. 2. NASMAN MAHEEN, AGED 20 , (A2) S/O. NOUSHAD, SAJIDHA MANZIL, KOCHUVILAMUKKU, ALAMCODE, MANAMPUR VILLAGE. 3. JAFAR KHAN, AGED 42, (A3), S/O. SHAHUL HAMEED, NAZEEM VILLA, NEAR T.B.JUNCTION, CHITTATTINKARA DESOM, AVANAVANCHERI VILLAGE. BY ADV. SRI. SHAJIN S. HAMEED RESPONDENTS / STATE & CW1 : ----------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. AZAD, AGE 48, (CW1) S/O. ABDUL REHMAN, F.N.NIVAS, VETTOOR, VETTOOR VILLAGE. R1 BY PUBLIC PROSECUTOR SRI. B. JAYASURYA R2 BY ADV. SRI.V.S.THOSHIN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/- Crl.MC.No. 1951 of 2011() APPENDIX PETITIONER'S ANNEXURE'S ANNEXURE - A : COPY OF THE FINAL REPORT IN CRIME NO. 114/08 OF ATTINGAL POLICE STATION, NOW PENDING AS CC NO. 658/2008 ON THE FILE OF JUDICIAL 1ST CLASS MAGISTRATE COURT-I, ATTINGAL. ANNEXURE - B : AFFIDAVIT SIGNED BY THE 2ND RESPONDENT. RESPONDENT'S ANNEXURE'S - NIL //TRUE COPY// P.A. TO JUDGE Mn THOMAS P. JOSEPH, J. ---------------------------------------------- Crl. M.C No. 1951 OF 2011 ----------------------------------------------- DATED THIS THE 29th DAY OF JUNE, 2011 O R D E R Petitioners are accused 1 to 3 in Crime No.114 of 2008 of Attingal Police Station and CC No.658 of 2008 of the Court of learned Judicial First Class Magistrate Court-I, Attingal for offence punishable under Section 420 read with Section 34 of of IPC. The case of petitioners is that 3rd petitioner offered to sell his property where petitioner 1 and 2 were staying at the relevant time, to the 2nd respondent, induced the latter to purchase the said property, received Rs.1.5 lakhs as advance and later, refused to sell the property or return the money and thereby committed offence of cheating. Petitioners say that the case is settled with the 2nd respondent and request to quash proceeding. 2. I have heard learned counsel for petitioner, 2nd respondent and the learned public prosecutor. Both sides confirmed the settlement. Learned counsel for 2nd respondent who has attested Annexure-B affidavit of the 2nd respondent has confirmed its genuineness and authenticity. Since the dispute concerns an alleged agreement for sale of property which is Crl. M.C. No.1951/2011 -2- personal to and between the parties hereto and that dispute is settled, I am inclined to think that proceedings need not continue. Resultantly this Crl. M.C is allowed. Cognizance taken and proceeding against petitioners in CC No.658 of 2008 of the Judicial First Class Magistrate Court-I, Attingal (arising from Crime No.114 of 2008 of Attingal Police Station) are quashed. Sd/- THOMAS P. JOSEPH JUDGE AMG True copy P.A to Judge