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. 1168 of 2011() ------------------------------------ CRIME NO.179/2011 OF KASARAGOD POLICE STATION. ........... PETITIONER(S): ACCUSED 1 TO 4 AND DEFACTO COMPLAINANT --------------------------------------------------------------------------------------------- 1. SABIR,S/O.IBRAHIM,AGED 27 YEARS, PALICHIYADUKKAM,CHEMMANAD VILLAGE, KASARAGOD TALUK AND DISTRICT. 2. IBRAHIM,S/O.ABDULLA,AGED 65 YEARS, PALICHIYADUKKAM,CHEMMANAD VILLAGE, KASARAGOD TALUK AND DISTRICT. 3. AMEER,S/O.IBRAHIM,AGED 40 YEARS, PALICHIYADUKKAM,CHEMMANAD VILLAGE,KASARAGOD TALUK AND DISTRICT. 4. ARSHAD, S/O.IBRAHIM, AGED 30 YERS, PALICHIYADUKKAM, CHEMMANAD VILLAGE, KASARAGOD TALUK & DISTRICT. 5. FASEELA,W/O.SABIR,AGED 21 YEARS, PALICHIYADUKKAM,CHEMMANAD VILLAGE, KASARAGOD TALUK AND DISTRICT. BY ADV. SRI.S.JIJI RESPONDENT(S): STATE ----------------------------------- STATE OF KERALA,REPRESENTED BY INSPECTOR OF POLICE,KASARAGOD POLICE STATION,THROUGH THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA 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.1168 of 2011 ==================================== Dated this the 07th day of April, 2011 O R D E R Petitioners 1 to 4 are accused in Crime No.179 of 2011 of Kasargod Police Station for offence punishable under Sections 498A read with Section 34 of the Indian Penal Code. Case was registered on the complaint preferred by the 5th petitioner, the de facto complainant. Learned counsel submitted that first petitioner has settled the dispute with the 5th petitioner. I have heard counsel for petitioners and learned Public Prosecutor. Annexure-2 is the affidavit of the 5th petitioner. Counsel for petitioners confirmed the settlement and authenticity of affidavit of the 5th petitioner. It is revealed from the affidavit that petitioners 1 to 4 and 5 have settled the dispute and that petitioners 1 and 5 are living together as husband and wife. In view of that and as the matter is settled it is not necessary to continue the proceeding. Hence I am inclined to allow this Crl. M.C. CRL.M.C. No.1168 of 2011 -: 2 :- Resultantly, Criminal Miscellaneous Case is allowed. Annexure-1, FIR in Crime No.179 of 2011 of Kasargod Police Station and all proceeding pursuant thereto against petitioners 1 to 4 are quashed. THOMAS P. JOSEPH, JUDGE. vsv