IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 29TH APRIL 2011 / 9TH VAISAKHA 1933 CRL.MC.NO. 1322 OF 2011() ---------------------------------------- CC.98/2011 OF JUDL.MAGISTRATE OF FIRST CLASS-II, THAMARASSERY .................... PETITIONER(S): PETITIONERS/ACCUSED AND DEFACTO COMPLAINANT. ---------------------------------------------------------------------------------------------------------- 1. MUNEER, S/O. ABU, AGED 31 YEARS, KARUVARAPOTTAMMAL HOUSE, PULLAVVUR, REC P.O., KOZHIKODE. 2. BASHEER U.K., S/O. ABU, AGED 36 YEARS, ULLIYADA KUNNUMMEL, AKKAMPARAMBATH, PULLAVVUR, REC P.O., KOZHIKODE. 3. MUMTAZ, W/O. BASHEER U.K., AGED 32 YEARS, ULLIYADA KUNNUMMEL, AKKAMPARAMBATH, PULLAVVUR, REC P.O., KOZHIKODE. 4. GAFOOR U.K., S/O. ABU, AGED 33 YEARS, KARUVARAPOTTAMMAL HOUSE, PULLAVVUR, REC P.O., KOZHIKODE. 5. RASEENA, W/O. GAFOOR U.K., AGED 25 YEARS, KARUVARAPOTTAMMAL HOUSE, PULLAVVUR, REC P.O., KOZHIKODE. 6. PATHUMMA, D/O. ABU, AGED 50 YEARS, KARUVARAPOTTAMMAL HOUSE, PULLAVVUR, REC P.O., KOZHIKODE. 7. NABEESA, D/O. ABU, AGED 40 YEARS, KARUVARAPOTTAMMAL HOUSE, PULLAVVUR, REC P.O., KOZHIKODE. 8. SHABNA, D/O. HUSSAIN, MUTHUMATIL HOUSE, KOOMBARA P.O., MARANCHATTY, KOZHIKODE DISTRICT. BY ADV. SRI.K.M.FIROZ SMT.M.SHAJNA RESPONDENT(S): STATE. ----------------------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, MUKKAM POLICE STATION, KOZHIKODE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SHRI K.J. MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1322 of 2011 ==================================== Dated this the 29th day of April, 2011 O R D E R Petitioners 1 to 7 are accused in Crime No.470 of 2010 of Mukkam Police Station and C.C. No.98 of 2011 of the court of learned Judicial First Class Magistrate-II, Thamarassery for offences punishable under Sections 406, 498A and 506(i) of the Indian Penal Code. Eighth (8th) petitioner is the de facto complainant. It is submitted that based on Annexure-A, final report learned Magistrate has taken cognizance against petitioners 1 to 7. Petitioners request to quash the proceeding against petitioners 1 to 7 on the strength of a settlement reached with the eighth petitioner. She has sworn an affidavit also attested by a Notary Public stating that the dispute between herself and petitioners 1 to 7 is settled. Counsel for petitioners 1 to 7 and eighth petitioner confirmed settlement and authenticity of affidavit sworn by the eighth petitioner. Since the dispute is personal to and between petitioners which is settled, I am inclined to allow this petition. Resultantly, Criminal Miscellaneous Case is allowed. Annexure-A, final report in Crime No.470 of 2010 of Mukkam CRL.M.C. No. 1322 of 2011 -: 2 :- Police Station, cognizance taken thereon and proceeding against petitioners 1 to 7 in C.C. No.98 of 2011 of the court of learned Judicial First Class Magistrate-II, Thamarassery are quashed. THOMAS P. JOSEPH, JUDGE. vsv