IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU FRIDAY, THE 13TH JULY 2007 / 22ND ASHADHA 1929 Crl.MC.No. 4412 of 2003() ------------------------- CC.611/2002 of JUDL. MAGISTRATE OF FIRST CLASS, MALAPPURAM .................... PETITIONER: IST ACCUSED: -------------------------------- MOHAMMED BASHEER, S/O.KUNNALANKUTTY, CHEMMALAPARAMBU HOUSE, THRIPPANACHA, AREACODE, PALAKKAD. BY ADV. SRI.K.P.MUJEEB RESPONDENTS/COMPLAINANT: ------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. ABIDA, D/O.KUNNALAN HAJI, PALLIKKUTHU VEEDU, ALATHUR PADI ERANADU TALUK, MALAPPURAM. BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 13/07/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.R.UDAYABHANU,J ================ CRL.M.C.No.4412 of 2003 ================= Dated this the 13th day of July,2007 ORDER The petitioner is the first accused in C.C.No.124/2003 in the file of Judicial First Class Magistrate Court, Malappuram, with respect to the offence punishable under Section 498 (A) read with Section 34 of IPC. The original case is C.C.611/2002 . A2 and A3 were acquitted after trial. PW1 the defacto complainant stated therein that the matter was settled before the trial and she has no complaint against the accused therein, the mother and brother respectively of A1/petitioner. Notice was served on the defacto complainant in the present proceedings. There was no appearance. In the above circumstances, the proceedings pending before the court below in C.C.No.724/2003 is herewith quashed. K.R.UDAYABHANU,JUDGE dvs