IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 1ST MARCH 2011 / 10TH PHALGUNA 1932 Crl.MC.No. 4926 of 2010() ------------------------- CC.1059/2010 of JUDL.MAGISTRATE OF FIRST CLASS, KAYAMKULAM .................... PETITIONER(S): ACCUSED: ----------------------------------------- 1. ABDUL MAJEED,AGED 40 YEARS, S/O.ASSANARU KUNJU, NANDIKATTU HOUSE, MANAPPALLY PO, THAZHAVA, KARUNAGAPPALLY. 2. BASHEER, AGED 56 YEARS, S/O.IBRAHIMKUTTY, MUMTHAZ MANZIL, MANAPPALLY PO, THAZHAVA, KARUNAGAPPALLY. 3. MUJEEB, AGED 24 YEARS, S/O.BASHEER, MUMTHAZ MANZIL, MANAPPALLY PO, THAZHAVA, KARUNAGAPPALLY. 4. SHAREEF,AGED 26 YEARS S/O.HABEEBULLAH, SHAREEF MANZIL,KIZHAKKEKARA, VADAKKUM MURI, THAZHAVA VILLAGE,KARUNAGAPPALLY. BY ADV. SMT.HUMERA MOHAMED ALI RESPONDENT(S): COMPLAINANT & STATE: ----------------------------------------------------------------- 1. ABDUL RAZAK, AGED 65 YEARS, S/O.ALIYARUKUNJU,PULALTHARAYIL VEEDU, VALLIKUNNAM,MAVELIKKARA, PIN - 688 001. 2. SAJITHA, AGED 30 YEARS, W/O.SIYAD, PULATHARAYIL VEEDU VALLIKUNNAM,MAVELIKKARA, PIN - 688 001. 3. NABEESA KUNJU, AGED 63 YEARS, W/O.ABDUL RAZAK, PULATHARAYIL VEEDU, VALLIKUNNAM,MAVELIKKARA, PIN - 688 001. Kss .2/- ..2... CRMC.NO.49216/2010 4. SADATH, AGED 10 YEARS (MINOR) S/O.SAJITHA, REP BY HIS MOTHER & GUARDIAN 2ND RESPONDENT, PULATHARAYIL VEEDU,VALLIKUNNAM, MAVELIKKARA, PIN - 688 001. 5. STATE OF KERALA, REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 31. R1 TO R4 BY ADV. SRI.E.RAFEEK R5 BY PUBLIC PROSECUTOR SRI. K.J.MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.4926 of 2010 -------------------------------------- Dated this the 1st day of March, 2011. ORDER Petitioners are accused in Crime No.187 of 2010 of Vallikkunnam Police Station and C.C.No.1059 of 2010 of the court of learned Judicial First Class Magistrate, Kayamkulam for offences punishable under Sections 452, 324, 323 , 506(ii) and 427 read with Section 34 of the Indian Penal Code. Case is that on 17.04.2010 petitioners trespassed into the house of the defacto complainant/respondent No.1 and committed offences as alleged. Motive alleged is a dispute arising from the love affair between one Mujeeb and Shihana related to the parties to this proceeding. There was a counter case arising from Crime No.363 of 2010, that case was settled and this Court quashed that proceeding vide order in Crl.M.C.No.4167 of 2010. Petitioners say that this case also is settled with the respondent No.1 and hence it is requested that the proceeding against petitioner may be quashed. I have heard learned counsel for petitioners, respondent No.1 and the learned Public Prosecutor. 2. Annexure-III is the agreement executed between the parties. Annexure-IV series are affidavits of respondent Nos.1 to 4 and the injured. Learned counsel for respondent Nos.1 to 4 confirmed settlement and authenticity of Annexure-III, agreement and Annexure-IV series, affidavits. 3. Now that the dispute between parties is settled and the proceeding Crl.MC No.4926/2010 2 in the counter case has also been quashed by this Court, I do not find reason why this petition shall not be allowed. Hence I am inclined to allow this petition. Resultantly this petition is allowed. Annexure-I, final report in Crime No.187 of 2010 of Vallikkunnam Police Station, cognizance taken thereon and proceeding against petitioners in C.C.No.1059 of 2010 of the court of learned Judicial First Class Magistrate, Kayamkulam are quashed. THOMAS P.JOSEPH, Judge. cks