VARGHESE MATHEW Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner herein is the 2nd accused in Crime No. 283/04 of Konny Police Station for the offence under S.420 r/w S.34 IPC. He approached this Court by filing the above Crl. MC with a prayer to quash Annexure 3 final report in Crime No. 283/04 of Konny Police Station.

(2.) The specific case of the petitioner is that purely on a civil dispute, the 2nd respondent herein had filed Annexure 2 complaint dated 15/09/2004 before the Judicial First Class Magistrate Court II, Pathanamthitta, which was forwarded to the Konny Police Station under S.156(3) CrPC. Pursuant to the receipt of the complaint, they have registered Crime No. 283/04 for the offence under S.420 r/w S.34 IPC. Annexure 1 is the copy of the FIR. After investigation, the police has filed Annexure 3 final report on the basis of which CC 64/05 has instituted in the Court of Judicial First Class Magistrate Court II, Pathanamthitta. Along with the above Crl. MC, petitioner has also produced Annexure 4 mahazar prepared by the police after inspecting the agreement, which is referred to in Annexure 2 complaint. It is the above Annexure 3 final report, which is sought to be quashed in this proceedings.

(3.) I have heard the learned counsel for the petitioner as well as the 2nd respondent and also the learned Public Prosecutor.