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2017 Supreme(Online)(KER) 19067

HIGH COURT OF KERALA
SUNIL THOMAS, J
DILSHAD K SALIM – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.M.M.ALIKUNJU, SRI.AMJAD ALI, SMT.K.A.SHYLA

ORDER

Petitioner herein is the sole accused in C.C.No.1063 of

2015 of Judicial First Class Magistrate Court, Vaikom for offence punishable under section 420 of Indian Penal Code .

2. It was alleged by the de facto complainant that the accused had offered to give a job visa for an employment at Kuwait and after receiving the total amount of Rs.3,38,000/-, without providing the visa, he committed cheating. On the basis of the complaint, crime was registered and after investigation, final report was laid. The matter was taken cognizance by the court below and is pending before the Judicial First Class Magistrate Court, Vaikom.

3. In the meanwhile, accused has approached this Court seeking the relief that in the light of the settlement that has arrived at between the parties, criminal proceedings may be quashed. Learned counsel for the second respondent/de facto complainant, relying on Annexure-A6 affidavit submitted that the matter has been amicably settled between the parties evidenced by Annexure-A3 agreement. It was also stated that in the light of the agreement Crl.M.C.223/17 entered into between the parties, de facto complainant has no surviving grievance. Both sides relied on Annex

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