IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 15TH MARCH 2011 / 24TH PHALGUNA 1932 Crl.MC.No. 813 of 2011 ------------------------ CC.282/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT, NILAMBUR .................... PETITIONER(S): IST ACCUSED -------------------------- ABDUL GAFOOR, AGED 35 YEARS, S/O.KOYAMU, ERANHIKKAL HOUSE, EDAKKARA P.O., MALAPPURAM DISTRICT. BY ADV. SRI.P.VENUGOPAL (1086/92) RESPONDENT(S): STATE & DEFACTO - COMPLAINANT -------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (REPRESENTING SUB INSPECTOR OF POLICE, EDAKKARA MALAPPURAM DISTRICT). 2. RAHNA, AGED 26 YEARS, D/O.UMMER, KOOLAMADATHIL HOUSE, CHANDAKUNNU PO, NILAMBUR, MALAPPURAM DISTRICT. RI BY PUBLIC PROSECUTOR SRI.K.J.MOHAMMD ANZAR R2 BY ADV. SRI.M.REVIKRISHNAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jkk THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.813 of 2011 -------------------------------------- Dated this the 15th day of March, 2011. ORDER Petitioner is accused No.1 in Crime No.124 of 2009 of Edakkara Police Station and C.C.No.342 of 2009 of the court of learned Judicial First Class Magistrate, Nilambur for offences punishable under Sections 406 and 498A read with Section 34 of the Indian Penal Code. That case was registered on a complaint preferred by respondent No.2. Petitioner seeks to quash proceeding against him on the strength of a settlement reached with respondent No.2 and, acquittal of accused No.2 by Annexure-D, judgment in C.C.No.342 of 2009. I have heard learned counsel for petitioner, respondent No.2 and the learned Public Prosecutor. 2. Since petitioner was not available for trial, case against him was split up and refilled as C.C.No.282 of 2010 of the court of learned Judicial First Class Magistrate, Nilambur. It is seen from Annexure-C, agreement executed between respondent No.2 and the power of attorney holder of petitioner that all disputes between the parties have settled. Case pending in the Family Court, Malappuram has also been settled. Accused No.2 was acquitted pursuant to the settlement reached between the parties and in the nature of evidence respondent No.2 gave in view of the settlement. Annexure-E is the affidavit Crl.MC No.813/2011 2 sworn by respondent No.2 before the Notary Public. Authenticity of that affidavit is confirmed by learned counsel for respondent No.2. Since offence alleged is personal to and between petitioner and respondent No.2, I am inclined to allow the request. Resultantly this petition is allowed. The final report in Crime No.124 of 2009 of Edakkara Police Station, cognizance taken thereon and all proceeding against petitioner in C.C.No.282 of 2010 of the court of learned Judicial First Class Magistrate, Nilambur are quashed. THOMAS P.JOSEPH, Judge. cks