IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 31ST JANUARY 2011 / 11TH MAGHA 1932 Crl.MC.No. 284 of 2011() ----------------------------------- CC.875/2010 of JUDL. MAGISTRATE OF FIRST CLASS, KUNNAMANGALAM .................... PETITIONER(S): ----------------------- 1. ABDUL SALIM, S/O.KUNJAMMU BAITHUMMAL JANNATH, ELAMBILAL MANNIL KARANNOOR P.O.,KOZHIKODE 2. FAHTIMA, W/O.KUNJAMMU, BAITHUMMAL JANNATH,ELAMBILAL MANNIL KARANNOOR P.O.,KOZHIKODE 3. MAJEED, S/O.KUNJAMMU, VELUTHEDATH CHELAVOOR P.O.,KOZHIKODE BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): -------------------------- 1. FEBINA N.P.D/O.ABDUL RAHIMAN FEBINA MANZIL, ARAKKINAR P.O.,KOZHIKODE-673028 2. THE STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM 3. THE SUB INSPECTOR OF POLICE, KUNNAMANGALAM POLICE STATION-673571 R1 BY ADV.SRI.K.H.SAKIR R2 & R3 BY PUBLIC PROSECUTOR SRI.SABU SREEDHARAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.284 of 2011 --------------------------------------- Dated this 31st day of January, 2011 ORDER This petition is filed by the accused in Crime No.211 of 2010 of Kunnamangalam Police Station and C.C.No.875 of 2010 of the court of learned Judicial First Class Magistrate, Kunnamangalam for offences punishable under Sec. 406, 498A and 354 r/w Sec.34 of the Indian Penal Code. Case was registered on the strength of Annexure-B, private complaint forwarded to the police for investigation under Sec.156(3) of the Code of Criminal Procedure. After investigation the Sub Inspector submitted final report based on which learned Magistrate has taken cognizance for the offences as above stated. Petitioners seeks to quash proceedings against them in view of settlement reached between them and respondent No.1. I have heard learned counsel for petitioners, respondent No.1 and learned Public Prosecutor. 2. It is submitted by learned counsel for petitioners and respondent No.1 that pursuant to the compromise reached between petitioners and respondent No.1, the latter is staying with the first petitioner. Annexure-C is the affidavit sworn by the Crl.M.C.No. 284 of 2011 -: 2 :- first respondent. That affidavit shows that she has settled the dispute with petitioner and that she has no objection in quashing proceedings against them. The offence is purely personal to and between petitioner and respondent No.1. Since the dispute is settled between them and petitioners and respondent No.1 are now leading a happy life it is necessary to maintain cordial relationship between them. The chance of prosecution succeeding in the case is bleak in view of the settlement. Hence I am inclined to allow the petition. Resultantly this criminal miscellaneous case is allowed. The final report in Crime No.211 of 2010 of Kunnamangalam Police Station, cognizance taken thereon and all proceedings in C.C.No.875 of 2010 of the court of learned Judicial First Class Magistrate, Kunnamangalam against petitioners are quashed. (THOMAS P JOSEPH, JUDGE) Sbna/-