IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 9TH MARCH 2011 / 18TH PHALGUNA 1932 Crl.MC.No. 661 of 2011() ------------------------ CC.457/2009 of CHIEF JUDICIAL MAGISTRATE COURT, KASARAGOD .................... (CRIME NO.425/2009 OF KASARGOD POLICE STATION) .... PETITIONER(S): ACCUSED 1 TO 3: ---------------------------------------------------- 1. MOHAMMED SHEREEF, S/O.ABDUL RAHIMAN, SAFRAZ MANZIL, BATTAMPARA, CHOORI, KUDLU VILLAGE, KASARGOD TALUK & DISTRICT. 2. BEEFATHIMA @ BEEVI, W/O.ABDUL RAHIMAN, SAFRAZ MANZIL, BATTAMPARA, CHOORI, KUDLU VILLAGE, KASARGOD TALUK & DISTRICT. 3. SHABANA.K.A., W/O.SAIDU, SAFRAZ MANZIL, BATTAMPARA, CHOORI, KUDLU VILLAGE, KASARGOD TALUK & DISTRICT. BY ADV. SRI.S.JIJI RESPONDENT(S): STATE, DEFACTO COMPLAINANT: ------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTING S.I OF POLICE, KASARGOD POLICE STATION, KASARGOD, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. P.C.YASMINA, AGED 22 YEARS, D/O.P.C.MUJEEB RAHAMAN, RAISE QUARTERS, RAMDAS NAGAR POST, KUDLU VILLAGE, KASARGOD TALUK AND DISTRICT. R1 BY PUBLIC PROSECUTOR SRI. K.J.MOHAMMED ANZAR R2 BY ADV. SMT.LISHA.M.G. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.661 of 2011 -------------------------------------- Dated this the 9th day of March, 2011. ORDER Petitioners are accused Nos.1 to 3 in Crime No.425 of 2009 of Kasaragod Police Station and C.C.No.457 of 2009 of the court of learned Judicial First Class Magistrate, Kasaragod for offences punishable under Sections 294(b), 506(i) and 498A read with Section 34 of the Indian Penal Code. That case was registered on a private complaint preferred by respondent No.2 which was forwarded to the Police for investigation under Section 156(3) of the Code of Criminal Procedure. The Police after investigation submitted final report (Annexure-A1). Petitioners seek to quash proceeding against them on the strength of a settlement reached with respondent No.2. I have heard learned counsel for petitioners, respondent No.2 and the learned Public Prosecutor. Learned counsel for respondent No.2 has confirmed the settlement of the dispute and authenticity of signature of respondent No.2 in Annexures-2 and 3. 2. Annexure-A2 is the photocopy of agreement executed between petitioner No.1 and respondent No.2. As per that agreement a divorce has been effected between petitioner No.1 and respondent No.2. Annexure-3 is the affidavit of respondent No.2 where it is stated that the dispute is settled between the parties. In the circumstances it is not necessary to continue the proceeding. Hence I am inclined to allow the request. Crl.MC No.661/2011 2 Resultantly this petition is allowed. Annexure-1, final report against petitioners in Crime No.425 of 2009 of Kasaragod Police Station, cognizance taken thereon and proceeding against petitioners in C.C.No.457 of 2009 of the court of learned Judicial First Class Magistrate, Kasaragod are quashed. THOMAS P.JOSEPH, Judge. cks