IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 30TH JUNE 2011 / 9TH ASHADHA 1933 Crl.MC.No. 1949 of 2011() --------------------------------------- (CRIME NO.978/2011 OF KUNDARA POLICE STATION,KOLLAM DISTRICT) .... PETITIONER(S): ACCUSED 1 TO 3: ---------------------------------------------------- 1. NIZAMUDEEN P.A., 35 YEARS, S/O.ASANARU KUNJU, PUTHUVAL THEKKATHIL, PUTHEN VEEDU, CHANDANATHOPPE P.O.,KOLLAM DISTRICT. 2. UMAIBA BEEVI, PUTHUVAL THEKKATHIL, PUTHEN VEEDU, CHANDANATHOPPE P.O.,KOLLAM DISTRICT. 3. ABDUL RAHIM, PUTHUVAL THEKKATHIL, PUTHEN VEEDU, CHANDANATHOPPE P.O., KOLLAM DISTRICT. BY ADV. SRI.K.ABDUL JAWAD RESPONDENT(S): COMPLAINANTS: ------------------------------------------------------- 1. SHABANA, D/O.SULEKHA BEEVI, AGED 24 YEARS, SHABANA MANZIL, PEROOR CHERI, KOTTANKARA VILLAGE - 691 013. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. 3. SUB INSPECTOR OF POLICE, KUNDARA POLICE STATION - KOLLAM - 691 501. R1 BY ADV. SRI.S.MOHAMMED AL RAFI R2 & R3 BY PUBLIC PROSECUTOR SRI. JAYASURYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss CRMC.NO.1949/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX.A: COPY OF THE FIR IN CRIME NO.978/11 OF KUNDARA POLICE STATION. ANNEX.B: COPY OF THE AGREEMENT DTD. 27/05/2011 EXECUTED BY 1ST PETITIONER AND 1ST RESPONDENT. ANNEX.C: COPY OF THE AFFIDAVIT OF THE 1ST RESPONDENT. RESPONDENT'S ANNEXURES: N I L /TRUE COPY/ P.A.TO JUDGE Kss THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.1949 of 2011 --------------------------------------- Dated this 30th day of June, 2011 ORDER Petitioners are accused 1 to 3 in Crime No.978 of 2011 of Kundara Police Station for offences punishable under Secs.498A and 406 r/w Sec.34 of the Indian Penal Code. That case was registered on the complaint of the first respondent. Parties have settled the dispute with the first respondent and accordingly request to quash proceeding. Annexure-B is the photocopy of agreement executed between first petitioner and the first respondent. Though, a photocopy of the affidavit was produced and marked as Annexure-C, the original of that affidavit is produced this day. I have heard learned counsel for petitioner, first respondent and the learned Public Prosecutor. 2. Counsel on both sides confirmed the settlement. Learned counsel for first respondent confirmed authenticity and genuineness of the affidavit sworn by first respondent where it is stated that the dispute is settled. As the dispute is purely personal to and between parties hereto and that dispute is settled, it is not necessary to continue the proceeding. Hence I am inclined to allow the petition. Crl.M.C.No.1949 of 2011 -: 2 :- Resultantly this criminal miscellaneous case is allowed. Further proceeding in Crime No.978 of 2011 of Kundara Police Station against petitioners/accused 1 to 3 are quashed. (THOMAS P JOSEPH, JUDGE) Sbna/-