IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 8TH JUNE 2011 / 18TH JYAISHTA 1933 Crl.MC.No. 1671 of 2011() ---------------------- CRIME NO. 25/2008 OF POONTHURA POLICE STATION, THIRUVANANTHAPURAM ............................. PETITIONER / ACCUSED : ------------------------------------- NASEEFKHAN, AGED 35 YEARS, S/O.ABDUL MAJEED, T.C.NO.46/139(B), NEAR NEW PETROL PUMP, PALLITHERUVU WARD, MUTTATHARA VILLAGE, NOW RESIDING AT. T.C.NO.32/755, PUTHEN VEETTIL, EENTHIVILAKAM, NEAR ALLSAINTS COLLEGE JUNCTION, KARIKKAKOM MURI, KADAKAMPALLI VILLAGE. BY ADV. SRI. BLAZE K.JOSE RESPONDENTS / COMPLAINANTS : --------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING SUB INSPECTOR OF POLICE POONTHURA POLICE STATION. 2. SAIFUNNISSA, D/O.SABIYA BEEVI, RESIDING AT T.C.46/139(B), NEAR NEW PETROL PUMP, PALLITHERUVU, MUTTATHARA VILLAGE, THIRUVANANTHAPURAM. R1 BY PUBLIC PROSECUTOR SRI. K.J. MOHAMED ANZAR R2 BY ADV. SRI.V.GOPIKRISHNA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1671 of 2011 ==================================== Dated this the 08th day of June, 2011 O R D E R Public Prosecutor takes notice for respondent No.1. 2. Petitioner is accused in Crime No.25 of 2008 of Poonthura Police Station and C.C. No.848 of 2008 (L.P. No.60 of 2001) of the court of learned Judicial First Class Magistrate-V, Thiruvananthapuram for offence punishable under Sections 498A read with Section 34 of the Indian Penal Code. That case was registered on a complaint preferred by the second respondent. Petitioner requests to quash proceeding against him on the strength of a settlement. I have heard learned counsel for petitioner, second respondent and the learned Public Prosecutor. 3. Annexure-4 is the affidavit sworn by the second respondent wherein it is stated that she has settled the dispute with petitioner. Counsel on both sides have confirmed the settlement. Learned counsel for second respondent has confirmed authenticity and genuineness of Annexure-4, affidavit. It is revealed that the dispute is settled between the parties. Second respondent has no objection in quashing proceeding against petitioner. Hence I am CRL.M.C. No.1671 of 2011 -: 2 :- inclined to allow the petition. Resultantly, Criminal Miscellaneous Case is allowed. Annexure-3, final report in Crime No.25 of 2008 of Poonthura Police station, cognizance taken thereon and proceeding against petitioner in C.C. No.848 of 2008 (L.P. No.60 of 2011) of the court of learned Judicial First Class Magistrate-V, Thiruvananthapuram are quashed. THOMAS P. JOSEPH, JUDGE. vsv