IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 3RD JUNE 2011 / 13TH JYAISHTA 1933 Crl.MC.No. 1636 of 2011() ----------------------------------------- CC.NO.21/2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT I, THAMARASSERY. ...... (CRIME NO.468/09 OF THAMARASSERY POLICE STATION) ..... PETITIONER(S): ------------------------- 1. NOWSHAD, AGED 31 YEARS, S/O. MUHAMMED, KUDIKKILPOYIL, MANALVAYAL, KAITHAPOYIL PO, KOZHIKODE DISTRICT. 2. K.P.MUHAMMED, AGED 57 YEARS, S/O. MUHAMMED, KUDIKKILPOYIL, MANALVAYAL, KAITHAPOYIL PO, KOZHIKODE DISTRICT. 3. SUHARA, AGED 50 YEARS, W/O.K.P.MUHAMMED, KUDIKKILPOYIL, MANALVAYAL, KAITHAPOYIL PO, KOZHIKODE DISTRICT. 4. NOWSHIDA MUNEER, D/O.K.P. MUHAMMED, KUDIKKILPOYIL, MANALVAYAL, KAITHAPOYIL PO, KOZHIKODE DISTRICT. 5. A.P. SUBENA, AGED 21 YEARS, D/O. ABOOBACKER, ANAPARAPOYIL HOUSE, KORANGADU, THAMARASSERY, KOZHIKODE DISTRICT. BY ADV. SRI.LUIZ GODWIN D'COUTH RESPONDENT(S): --------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING A.S.I. OF POLICE, THAMARASSERY POLICE STATION. BY PUBLIC PROSECUTOR SRI. K.J.MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1636 of 2011 ==================================== Dated this the 03rd day of June, 2011 O R D E R Petitioners 1 to 4 are accused and the 5th petitioner is de facto complainant in Crime No.468 of 2009 of Thamarassery Police Station for offence punishable under Sections 498A and 406 read with Section 34 of the Indian Penal Code. Petitioners say that they have settled the dispute between them and accordingly it is prayed that proceeding against petitioners 1 to 4 may be quashed. I have heard learned counsel for petitioners and the learned Public prosecutor. Learned counsel for petitioners have confirmed settlement and the authenticity and genuineness of Annexure-2, affidavit sworn by the fifth petitioner. That affidavit states that she has settled the dispute with petitioners 1 to 4, is now keeping good relationship with them and has no objection in quashing proceeding in C.C. No.21 of 2010 of the court of learned Judicial First Class Magistrate-I, Thamarassery. In view of the settlement reached between petitioners 1 to 4 and the fifth petitioner it is not necessary to continue the prosecution. Hence I am inclined to allow this petition. CRL.M.C. No.1636 of 2011 -: 2 :- Criminal Miscellaneous Case is allowed. Final report in Crime No.468 of 2009 of Thamarassery Police Station, cognizance taken thereon and proceeding in C.C. No.21 of 2010 of the court of learned Judicial First Class Magistrate-I, Thamarassery against petitioners 1 to 4 are quashed. THOMAS P. JOSEPH, JUDGE. vsv