IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 7TH APRIL 2011 / 17TH CHAITHRA 1933 Crl.MC.No. 1167 of 2011() --------------------------------------- CC.59/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT, TIRUR CRIME NO.374/2007 OF KAIPAKANCHERRY POLICE STATION, MALAPPURAM DISTRICT. .................... PETITIONER(S): ACCUSED --------------------------------------- 1. ABU SALIH,S/O.ABDUL RAHIMAN, ALAYIL HOUSE,PERUMBADAZHI,MANNARKKAD, MALAPPURAM DISTRICT. 2. ABDURAHMAN,S/O.KOYANNY,-DO- -DO- 3. KHADEEJA,W/O.ABDURAHIMAN, -DO- -DO- 4. ANFAS,S/O.ABDURAHMAN,-DO- -DO- BY ADV. SRI.K.P.SUDHEER RESPONDENT(S): STATE AND COMPLAINANT --------------------------------------------------------------------- 1. THE STATE OF KERALA,REPRESENTED BY ITS PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM,REPRESENTING SUB INSPECTOR OF POLICE, KALPAKANCHERRY POLICE STATION,KALPAKANCHERRY- 676551,MALAPPURAM DISTRICT. 2. FATHIMA SUHARA,D/O.ABOOBACKER SIDDHIQUE, MULLASSERY HOUSE,KURUMBATHOOR POST-676301, KALAKANCHERRY,MALAPPURAM DISTRICT. R1 BY PUBLIC PROSECUTOR SRI.JAIBY PAUL R2 BY SRI.SANTHEEP ANKARATH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1167 of 2011 ==================================== Dated this the 07th day of April, 2011 O R D E R Petitioners are accused in Crime No.374 of 2007 of Kalapakanchery Police Station and C.C. No.59 of of the court of learned Judicial First Class Magistrate, Tirur for offence punishable under Section 498A read with 34 of the Indian Penal Code. Case was registered on a complaint preferred by the second respondent. Now parties have settled the dispute and accordingly it is prayed that proceeding against petitioners may be quashed. I have heard learned counsel for petitioner, second respondent and learned Public Prosecutor. Learned counsel on both sides confirmed genuineness of Annexure-A4, Notary attested photocopy of a document executed by the second respondent in favour of first petitioner. That document states that criminal proceeding is also to be terminated in view of the settlement. It is seen from the said document that first petitioner has divorced the second respondent. In view of the settlement I am inclined to think that further proceeding is not necessary. Hence I am inclined to allow this petition. CRL.M.C. No.1167 of 2011 -: 2 :- Resultantly, Criminal Miscellaneous Case is allowed. Annexure-A2, final report in Crime No.374 of 2007 of Kalpakanchery Police Station, cognizance taken thereon and all proceeding in C.C. No.59 of 2008 of the court of learned Judicial First Class Magistrate, Tirur against petitioners are quashed. THOMAS P. JOSEPH, JUDGE. vsv