IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 1ST JUNE 2011 / 11TH JYAISHTA 1933 Crl.MC.No. 1581 of 2011() ------------------------------------ CRIME NO.132/2011 OF KUNNAMANGALAM POLICE STATION, KOZHIKODE. ................ PETITIONER(S): DEFACTO COMPLAINANT: ------------------------------------------------------------- RASHIDA, AGED 21 YEARS, D/O.SOOPPIKUTTY, KALARIKANDIYIL VEEDU, PILASSERI POST, KUNNAMANGALAM. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): STATE AND ACCUSD 2 TO 6: -------------------------------------------------------------------- 1. SUB INSPECTOR OF POLICE, KUNNAMANGALAM POLICE STATION, KOZHIKODE-673 571. 2. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31. 3. K.C.YOUSUFF, AGED 31 YEARS, S/O.ASSAIN, KIZHAKKALICHIYIL HOUSE, SOUTH KODUVALLI, KODUVALLI-673 572. 4. KADEEJA, AGED 56 YEARS, W/O.ASSAIN, KIZHAKKALICHIYIL HOUSE, SOUTH KODUVALLI, KODUVALLI-673 572. 5. K.C.ASHRAFF, AGED 37 YEARS, S/O.ASSAIN, KIZHAKKALICHIYIL HOUSE, SOUTH KODUVALLI, KODUVALLI-673 572. 6. K.C.ASSAIN, AGED 65 YEARS, KIZHAKKALICHIYIL HOUSE, SOUTH KODUVALLY, KODUVALLI-673 572. R1 & R2 BY PUBLIC PROSECUTOR SRI.K.J.MOHAMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No. 1581 of 2011 ==================================== Dated this the 01st day of June, 2011 O R D E R Petitioner is the de facto complainant in Crime No.132 of 2011 of Kunnamangalam Police Station for offences punishable under Section 498A and 406 read with Section 34 of the Indian Penal Code. That case was registered against respondents 3 to 6/accused 1 to 4 on the complaint that they misappropriated her money and ornaments and subjected her to cruelty. Petitioner states that she has settled the dispute with respondents 3 to 6 and as per the settlement, third respondent has divorced her. In view of the settlement she does not intend to proceed with Crime No.132 of 2011. Hence it is prayed that proceedings against respondents 3 to 6 may be quashed. I have heard learned counsel for petitioner and learned Public Prosecutor. 2. De facto complainant herself has come forward with the case that dispute is settled between herself and respondents 3 to 6 and hence she does not intend to proceed with the case against respondents 3 to 6 in Crime No.132 of 2011. Offence alleged is purely personal to and between petitioner and CRL.M.C. No.1581 of 2011 -: 2 :- respondents 3 to 6 and since that dispute is settled, it is not necessary to continue prosecution. Hence I am inclined to allow this petition. Resultantly, Criminal Miscellaneous Case is allowed. First information report in Crime No.132 of 2011 of Kunnamangalam Police Station and all further proceeding taken pursuant thereto against respondents 3 to 6 are quashed. THOMAS P. JOSEPH, JUDGE. vsv