IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 14TH JANUARY 2011 / 24TH POUSHA 1932 Crl.MC.No. 5072 of 2010 ------------------------- (CRIME NO. 294/06 OF NALLALAM POLICE STATION, KOZHIKODE CC.No. 99/2007 OF JFCM-V, KOZHIKODE) PETITIONERS/ ACCUSED ---------------------- 1. KANDILERI SULAIMAN, AGED 37 YEARS S/O. KANDILERI MUHAMMED, PULLUVALAPPIL HOUSE, MANAKKADAVU, KOZHIKODE. 2. KANDILERI MUHAMMED, AGED 64 YEARS, S/O. MOOSA, PULLUVALAPPIL HOUSE, MANAKKADAVU, KOZHIKODE. BY ADV. SRI.NIRMAL. S RESPONDENTS/ COMPLAINANT & STATE ---------------------------------- 1. SOUJATH.K, D/O. M.K.MAMMED, AGED 33 YEARS, KANDILERI HOUSE, PERUMANNA.P.O., KOZHIKODE. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.P.A.HARISH R2 BY PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.5072 of 2010 -------------------------------------- Dated this the 14th day of January, 2011. ORDER Petitioners are son and the father, facing trial in C.C.No. 99 of 2007 of the court of learned Judicial First Class Magistrate-V, Kozhikode for offences punishable under Sections 323, 406 and 498A read with Section 34 of the Indian Penal Code. Learned Magistrate took cognizance for the said offences on the final report filed by Nallalam Police in Crime No.294 of 2006. Case was registered on a complaint from respondent No.1, wife of petitioner No.1. Parties have now settled the dispute and have filed a joint, compounding petition stating that the dispute is settled and hence they do not want to proceed with the case. Hence petitioners pray that all proceedings against them may be quashed. 2. I have heard learned counsel for petitioners, respondent No.1 and the Public Prosecutor. 3. It is seen from the joint petition that the dispute has been settled between parties amicably. In view of the cordial relationship between parties and since there is no possibility of a successful termination of the prosecution I am inclined to allow this petition. Crl.MC No.5072/2010 2 Resultantly this petition is allowed and the FIR and Final Report in Crime No.294 of 2006 of Nallalam Police Station, cognizance taken and the proceedings against petitioners in C.C.No.99 of 2007 of the court learned Judicial First Class Magistrate-V, Kozhikode are quashed. THOMAS P.JOSEPH, Judge. cks