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2018 Supreme(Online)(KER) 48973

HIGH COURT OF KERALA
SUNIL THOMAS, J
ABDUL AZEEZ – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.PRASUN.S SMT.BABY S NOWDIT, SRI.M.REVIKRISHNAN, SRI.AMJAD ALI

O R D E R

Petitioners allegedly were running a chitty company by name 'Carnival Kuries'. It was alleged by the respondents 2 and 3 that though they subscribed to the chitties and remitted certain amounts, the chitty amounts were not returned to them. Accordingly, they filed a complaint resulting in the registration of the crime as Crime No.1233/2015 before the Nenmara Police. After investigation, final report was filed and cognizance was taken by the learned Magistrate. The matter is now pending as C.C.No.1031/2016 of Judicial First Class Magistrate Court, Alathur.

2. Respondents 2 and 3 now contend that they have settled their disputes with the petitioners. They are arrayed as CW1 and CW2 in the final report. According to them, they have resolved the financial disputes and have affirmed Annexures A2 and A3 affidavits. Relying on this, Crl.M.C. is filed by the petitioners seeking the relief to quash the proceedings contending that no purpose will be served by prosecuting the petitioners. 3. The learned Public Prosecutor on instructions submitted that the de facto complainants do not propose to pursue the matter and they have given a statement accordingly to the investigating agency.

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