IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 4TH MARCH 2011 / 13TH PHALGUNA 1932 Crl.MC.No. 642 of 2011() ----------------------------- CC.16/2010 of JUDICIAL MAGISTRATE OF FIRST CLASS-I, THAMARASSERY .................... PETITIONER(S): ACCUSED ------------------------------- 1. JAFFAR, S/O.ABDULLA KUTTY HAJI, KOYISRA, ADIVARAM P.O., KOZHIKODE. 2. AYISHA, W/O.ABDULLA KUTTY HAJI, KOYISRA, ADIVARAM P.O., KOZHIKODE. 3. ASSYABI, W/O.NAZER, KOYISRA, ADIVARAM P.O., KOZHIKODE. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENT(S): STATE & COMPLAINANT ------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. 2. SAMEERA, D/O.MOOSA, AGED 24 YEARS, KADA HOUSE, NIROORKUNNU, MADAKKUNNU P.O., KOTTATHARA VILLAGE, WAYNAD-673576. R1 BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA R-2 BY ADV. SRI.NISHIL.P.S. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.642 of 2011 -------------------------------------- Dated this the 4th day of March, 2011. ORDER Petitioners are accused in Crime No.463 of 2009 of Thamarassery Police Station and C.C.No.16 of 2010 of the court of learned Judicial First Class Magistrate-I, Thamarassery for offences punishable under Sections 498A and 406 read with Section 34 of the Indian Penal Code (for short, “the Code”). Case was registered on the complaint preferred by respondent No.2, wife of petitioner No.1. Petitioners seek to quash proceeding against them on the strength of a settlement reached with respondent No.2, defacto complainant. I have heard learned counsel for petitioners, respondent No.2 and the learned Public Prosecutor. 2. Learned counsel for respondent No.2 has confirmed the settlement and authenticity of signature of respondent No.2 in Annexure-3, affidavit. Learned Public Prosecutor after getting instruction has confirmed the settlement. It is stated before me that pursuant to the settlement respondent No.2 is residing with petitioner No.1. Dispute is settled between the parties amicably. In the circumstances I am inclined to allow the request. Crl.MC No.642/2011 2 Resultantly this petition is allowed. Annexure-2, final report in Crime No.463 of 2009 of Thamarassery Police Station, cognizance taken thereon and proceeding against petitioners in C.C.No.16 of 2010 of the court of learned Judicial First Class Magistrate-I, Thamarassery are quashed. THOMAS P.JOSEPH, Judge. cks