IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 14TH JUNE 2011 / 24TH JYAISHTA 1933 Crl.MC.No. 1754 of 2011() ------------------------- CC.614/2009 of JUDL.MAGISTRATE OF FIRST CLASS-I, HOSDRUG .................... PETITIONER(S): ACCUSED NOS. 1 & 2: --------------------------------------------------------- 1. MUHAMED.K., AGED 33 YEARS, S/O.ALI, HOUSE NO.PP IV/414, KANNOTH, PULLUR VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. 2. DAINABI @ SAINABA, AGED 52 YEARS, W/O.ALI, HOUSE NO.PP IV/414, KANNOTH, PULLUR VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SMT.CISSY MATHEWS RESPONDENT(S): DEFACTO-COMPLAINANT & STATE: --------------------------------------------------------------------------------- 1. RASHEEDA, AGED 25 YEARS, D/O.AHAMMED, RESIDING AT AMBALATHARA, PULLUR VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT - 671 121. 2. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. R1 BY ADV. SRI.JAWAHAR JOSE R2 BY PUBLIC PROSECUTOR SRI. V.MANU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss CRMC.NO.1754/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX.A: COPY OF THE F.I.R. ANNEX.B: COPY OF THE FINAL REPORT. ANNEX.C: COPY OF THE AGREEMENT EVIDENCING SETTLEMENT. RESPONDENT'S ANNEXURES: N I L /TRUE COPY/ P.A.TO JUDGE Kss THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.1754 of 2011 -------------------------------------- Dated this the 14th day of June, 2011. ORDER Petitioners are accused 1 and 2 in Crime No.31 of 2009 of Ambalathara Police Station and C.C.No.614 of 2009 of the court of learned Judicial First Class Magistrate-I, Hosdurg for offence punishable under Section 498A read with Section 34 of the Indian Penal Code. That case was registered on a complaint preferred by the first respondent, wife of first petitioner. Petitioners request to quash proceeding against them on the strength of a settlement reached with the first respondent. I have heard learned counsel for petitioners, first respondent and the learned Public Prosecutor. 2. Learned counsel for petitioners and first respondent have confirmed the settlement, authenticity and genuineness of joint petition signed by first petitioner and first respondent. Though second petitioner is not a party to the joint petition, composition need be at the instance of the defacto complainant alone. Since the dispute is personal to and between first petitioner and the first respondent and that dispute is settled between parties I am inclined to allow the request. Resultantly this Criminal Miscellaneous Case is allowed. Final report in Crime No.31 of 2009 of Ambalathara Police Station, cognizance taken thereon Crl.MC No.1754/2011 2 and proceeding against petitioners in C.C.No.614 of 2009 of the court of learned Judicial First Class Magistrate-I, Hosdurg are quashed. THOMAS P.JOSEPH, Judge. cks