IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 11TH FEBRUARY 2011 / 22ND MAGHA 1932 Crl.MC.No. 352 of 2011() -------------------- CC.365/2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-V, KOZHIKODE ................... PETITIONER / ACCUSED : ------------------------------------- A.K.SHAHUL HAMEED, AGED 29, S/O.MUHAMMED, THARAYILPPADI HOUSE, PUTTEKKAD, FEROKE P.O., FEROKE AMSOM, NALLUR DESOM, KOZHIKODE. BY ADV. SMT.T.V.NEEMA RESPONDENTS / COMPLAINANTS & STATE : ----------------------------------------------------------------- 1. ZEENATH, W/O.ABDUL SALAM, AGED 32 YEARS, VALAPPIL HOUSE, PUTTEKKAD, FEROKE P.O., KOZHIKODE - 673 631. 2. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, (SHO FEROKE POLICE STATION), HIGH COURT OF KERALA - 682 031. R1 BY ADV. SRI.GEORGE MATHEW R2 BY PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.352 of 2011 --------------------------------------- Dated this 11th day of February, 2011 ORDER Petitioner is accused in Crime No.480 of 2009 of Feroke Police Station and C.C.No.365 of 2010 of the court of learned Judicial First Class Magistrate-V, Kozhikode for offences punishable under Secs.323, 354 and 452 of the Penal Code. Annexure-A is the FIR where it is stated that on 04.10.2009 at about 6p.m petitioner trespassed into the house of first respondent who is his relative, voluntarily caused hurt and outraged her modesty by pulling the Churidar she was wearing. Petitioner seeks to quash proceedings against him on the strength of a compromise reached with the first respondent. I have heard learned counsel for petitioner, first respondent and the learned Public Prosecutor. Learned counsel for first respondent has confirmed the fact of settlement. Learned public Prosecutor after getting instruction submitted that parties have settled the dispute. First respondent has sworn an affidavit stating that the matter has been settled between herself and petitioner. Considering these aspects and the bleak possibility of prosecution succeeding if it goes for trial I am inclined to allow Crl.M.C.No.352 of 2011 -: 2 :- the petition. Resultantly this petition is allowed. Annexure-A, FIR and the final report in Crime No.480 of 2009 of Feroke Police Station, cognizance taken thereon and proceeding against petitioner in C.C.No.365 of 2010 of the court of learned Judicial First Class Magistrate-V, Kozhikode are quashed. (THOMAS P JOSEPH, JUDGE) Sbna/-