IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 12TH JANUARY 2011 / 22ND POUSHA 1932 Crl.MC.No. 39 of 2011() ----------------------- CC.442/2010 of JUDL. FIRST CLASS MAGISTRATE COURT, WADAKKANCHERRY .................. PETITIONERS / ACCUSED NOS. 1 TO 3 & DEFACTO COMPLAINANT : -------------------------------------------------------------------------------------------------- 1. SHOWKKATHALI, S/O.NOORUDEEN, AGED 47 YEARS, KAROOTH NIVAS, KUMARANELLUR VILLAGE, OTTAPALAM TALUK, PALAKKAD DISTRICT. 2. NOORUDEEN, AGED 70 YEARS, KAROOTH NIVAS, KUMARANELLUR VILLAGE, OTTAPALAM TALUK, PALAKKAD DISTRICT. 3. HALEEMA, AGED 63 YEARS, W/O.NOORUDEEN, KAROOTH NIVAS, KUMARANELLUR VILLAGE, OTTAPALAM TALUK, PALAKKAD DISTRICT. 4. RAZIYA, AGED 43 YEARS, D/O.MUHAMMEDKUTTY HAJI, KINARAMAKKAL VEEDU, KUMARANELLUR VILLAGE, OTTAPALAM TALUK, THALAPPILLY TALUK, THRISSUR DISTRICT. BY ADV. SRI.NIREESH MATHEW RESPONDENT / COMPLAINANT : ----------------------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, WADAKKANCHERRY POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. K.J. MOHAMMED ANSARI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.39 of 2011 ==================================== Dated this the 12th day of January, 2011 O R D E R Petitioner Nos.1 to 3 are the accused and petitioner No.4 is the de facto complainant in Crime No.21 of 2010 of Wadakkanchery police station. Police submitted final report against petitioner Nos.1 to 3 alleging commission of offences punishable under Sections 498A, 406 and 506 read with Section 34 of the Indian Penal Code. It is submitted that petitioner Nos.1 and 4 are husband and wife and as per mediation they have decided to live separately. The first petitioner has given Talaq to the 4th petitioner. It is also submitted that petitioner Nos.1 to 3 have returned the gold ornaments and paid compensation to respondent No.4. Now petitioner Nos.1 and 4 are living separately. The parties have settled their dispute and hence it is submitted that the proceedings may be quashed. 2. Learned Public Prosecutor after getting instructions submitted that matter has been settled between the parties. 3. Dispute involved is purely personal between the parties and now they have settled the dispute. Hence there is no possibility of the prosecution having a successful termination. In CRL.M.C. No.39 of 2011 -: 2 :- view of that and since the harmonious relationship now the parties have is to be maintained I am inclined to allow this petition. Resultantly Criminal Miscellaneous Case is allowed. Annexure-A final report in Crime No.21 of the Wadakkancherry police station and all proceedings in C.C. No.442 of 2010 of the court of learned Judicial First Class Magistrate, Wadakkancherry against petitioner Nos.1 to 3 are quashed. THOMAS P. JOSEPH, JUDGE. vsv