IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 24TH JANUARY 2011 / 4TH MAGHA 1932 Crl.MC.No. 148 of 2011() ------------------------ CC.85/2010 of CHIEF JUDICIAL MAGISTRATE, KASARAGOD .................... PETITIONER(S)/ACCUSED NO.1 AND DEFACTO COMPLAINANT: --------------- 1. K.M.ABDUL RAHIMAN, S/O.K.M.ABDUL KHADER, RAHMANIYA MANZIL, MOGARU NADUMUDI HOUSE, UPPALA P.O., KASARAGOD DISTRICT. 2. FOUSIYA, D/O.Z.ABDUL KHADER, W/O.K.M.ABDUL RAHIMAN, C.A.COTTAGE, NEAR MANJESWAR RAILWAY STATION, MANJESWAR, KASARAGOD DISTRICT. BY ADV. SRI.K.V.SOHAN SMT.SREEJA SOHAN.K. RESPONDENT(S): STATE: --------------------- STATE OF KERALA, SHO.MANJESWAR POLICE STATION, KASARAGOD DISTRICT. (CRIME NO.419/2006) REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.148 of 2011 -------------------------------------- Dated this the 24th day of January, 2011. ORDER Petitioners are husband and wife and have filed this petition to quash the proceedings against petitioner No.1 in C.C.No.85 of 2010 of the court of learned Chief Judicial Magistrate, Kasaragod. On the complaint of petitioner No.2, Manjeswar Police registered a case against petitioner No.1 and others for offences punishable under Sections 405 and 498A read with Section 34 of the Indian Penal Code. The case was originally taken on file as C.C.No.711 of 2007 against petitioner No.1 and others. Accused Nos.2 and 3, parents of petitioner No.1 faced trial and they were acquitted. Since petitioner was at Bombay, case against him was split up and refiled as C.C.No.85 of 2010. Now the matter is settled between the parties and hence it is requested that the proceedings against petitioner No.1 may be quashed. 2. I have heard learned counsel for petitioners and the Public Prosecutor. Learned Public Prosecutor after getting instructions has submitted that the matter is settled between petitioner Nos.1 and 2. 3. Annexure-3, agreement also shows that the parties have settled the dispute. The dispute is purely personal. There is no possibility of a successful culmination of the prosecution. In the circumstances stated I am inclined to allow the request. Crl.M.C.No.148/2011 2 Resultantly this petition is allowed and the final report in Crime No.419 of 2006 of Manjeswar Police Station, cognizance taken and all proceedings in C.C.No.85 of 2010 of the court of learned Chief Judicial Magistrate, Kasaragod concerning petitioner No.1 are quashed. THOMAS P.JOSEPH, Judge. cks