IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 4TH APRIL 2011 / 14TH CHAITHRA 1933 Crl.MC.No. 1043 of 2011() ------------------------- CC.700/2010 of JUDL.MAGISTRATE OF FIRST CLASS COURT, PAYYANNUR .................... (CRIME NO.316/2010 OF PERINGOM POLICE STATION) ...... PETITIONER(S): ACCUSED & DEFACTO COMPLAINANT: ---------------------------------------------------------------------------------- 1. KHAIRUNNISA.A.G., D/O.ASSANAR, AGED 24 YEARS, PERINGOM DESOM, ARAVANCHAL DESOM, KANNUR DISTRICT. 2. AKKALATH AYOOB (A1), S/O.KHADEEJA, RESIDING AT SHA MANZIL, THALIPARAMBA TALUK, PERALAM AMSOM, KOZHUMMAL DESOM, KANNUR DISTRICT. 3. KHADEEJA AKKALATH (A2), AGED 71 YEARS, W/O.MAMU, SAS PERALAM AMSOM, THALIPARAMBA TALUK, KOZHUMMAL DESOM, KANNUR DISTRICT. 4. SHUKRIYA AKKALATH (A3), W/O.ASSANAR, ALAKKAN HOUSE, PANCHAKKAD, PAYYANNUR.P.O., KANNUR DISTRICT. BY ADV. SRI.C.K.SREEJITH RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- 1. THE S.H.O., PERINGOM POLICE STATION, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR SRI. K.J.MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.1043 of 2011 -------------------------------------- Dated this the 4th day of April, 2011. ORDER Petitioners are the defacto complainant and accused 1 to 3 in Crime No.316 of 2010 of Peringom Police Station and C.C.No.700 of 2010 of the court of learned Judicial First Class Magistrate, Payyannur for offence punishable under Section 498A read with Section 34 of the Indian Penal Code. Petitioners state that they have settled the dispute and hence it is requested that proceeding against petitioners 2 to 4 may be quashed. 2. I have heard learned counsel for petitioners and the learned Public Prosecutor. 3. Learned counsel has confirmed the settlement and authenticity of Annexure-A1, agreement executed between petitioners 1 and 2, wife and husband. As per that agreement they have decided to live separately. 4. Since the dispute is purely personal to and between first petitioner and petitioners 2 to 4 which is settled as seen from Annexure-A1, agreement I am inclined to allow the request as the cordial relationship has to be maintained. Crl.MC No.1043/2011 2 Resultantly this Criminal Miscellaneous Case is allowed. Final report in Crime No.316 of 2010 of Peringom Police Station, cognizance taken thereon and proceeding against petitioners 2 to 4/accused 1 to 3 in C.C.No.700 of 2010 of the court of learned Judicial First Class Magistrate, Payyannur are quashed. THOMAS P.JOSEPH, Judge. cks