IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 3RD MARCH 2011 / 12TH PHALGUNA 1932 Crl.MC.No. 634 of 2011 -------------------------------- [CC.NO.337/2007 OF JUDICIAL MAGISTRATE OF FIRST CLASS COURT, KATTAKADA] .................... PETITIONERS/ACCUSED 1 TO 3: ----------------------------------------------- 1. MOHAMMED YOONUS, S/O.MOHAMMED ABDUL YASIM, JILANI MANZIL, MOOLIYOOR, ETTITHURUTHI, KULATHUMMAL VILLAGE, THIRUVANANTHAPURAM. 2. MOHAMMED YASIM, S/O.MOHAMMED MYTHEEN, JILANI MANZIL, MOOLIYOOR, ETTITHURUTHI, KULATHUMMAL VILLAGE, THIRUVANANTHAPURAM. 3. NABEESATH BEEVI, D/O.KHADEEJA, JILANI MANZIL, MOOLIYOOR, ETTITHURUTHI, KULATHUMMAL VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.R.V.SREEJITH. RESPONDENTS/COMPLAINANT & STATE: ------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, OFFICE OF THE ADVOCATE GENERAL, HIGH COURT OF KERALA, ERNAKULAM. 2. SHAMEENA, D/O.RASHEEFA, VAZHAVILA THADATHARIKATHU VEEDU, AANAD VILLAGE, NEDUMANGAD TALUK, THIRUVANANTHAPURAM – 695 032. R1 BY PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.634 of 2011 ==================================== Dated this the 03rd day of March, 2011 O R D E R Petitioners are accused 1 to 3 in Crime No.375 of 2006 of Kattakada Palace Police Station and C.C. No.337 of 2007 of the court of learned Judicial First Class Magistrate, Kattakada for offence punishable under Section 498A read with Section 34 of the Indian Penal Code. The case was registered on a complaint preferred by respondent No.2. Petitioners seek to quash proceeding against them on the strength of a settlement reached with respondent No.2. I have heard learned counsel for petitioner, respondent No.2 and the learned Public Prosecutor. Learned counsel for respondent No.2 confirmed settlement and authenticity of Annexure-III, affidavit sworn by respondent No.2 before a Notary Public. 2. It is seen from Annexure-III, affidavit that petitioner No.1 and respondent No.2 are living together as husband and wife. The offence alleged is personal to and between petitioners and respondent No.2 and that has been settled. Hence I am inclined to allow this petition. CRL.M.C. No.634 of 2011 -: 2 :- Resultantly, this Criminal Miscellaneous Case is allowed. Annexure-I, FIR in Crime No.375 of 2006 of Kattakada Police Station, cognizance taken thereon and all proceeding in C.C. No.337of 2007 of the court of learned Judicial First Class Magistrate, Kattakada against petitioners are quashed. THOMAS P. JOSEPH, JUDGE. vsv