O R D E R

This Criminal Miscellaneous case is filed to quash the proceedings in CC No. 867/2018 on the file of the Judicial First Class Magistrate Court, Payyannur arising from Crime No. 1634/2014 of Payyannur Police Station. The above case is charge-sheeted by the police alleging offence punishable under Sec.420 IPC .

2. The prosecution case is that on 08.08.2011, the accused persuaded the defacto complainant to invest money in her real estate business on the promise to get profit and accordingly, on believing the words, the defacto complainant paid Rs.26,15,000/- on agreement and later, the accused resiled from the agreement, thereby cheated the defacto complainant. The defacto complainant filed a private complaint with the above allegation before the Judicial First Class Magistrate Court, Payyannur and the learned Magistrate forwarded the same to the police under Sec. 156(3) Cr.P.C. Consequently, Crime No. 1634/2014 was registered by the Payyannur Police as evident by Annexure- A1 FIR. Subsequently, the final report is filed as evident by Annexure-A2. According to the petitioner, even if the entire allegations are accepted, no offence is alleged. Hence, this Criminal Miscellaneo