IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 28TH JANUARY 2011 / 8TH MAGHA 1932 Crl.MC.No. 168 of 2011() ------------------------ CC.1266/2009 of JUDICIAL FIRST CLASS MAGISTRATE COURT-I, HOSDRUG CRIME NO.141/2009 OF CHANDERA POLICESTATION .................... PETITIONER(S)/ACCUSED: --------------- 1. ADBDUL AZEEZ, AGED 31 YEARS - A1 S/O.MOOSABARI, BADARIYA MANZIL, MUNDOLY, KANIYALA, BAYAR VILLAGE, KASARAGOD TALUK AND DISTRICT. 2. MOOSABARI, AGED 60 YEARS – A2 S/O.ABDULRAHMAN, BADARIYA MANZIL, MUNDOLY, KANIYALA, BAYAR VILLAGE, KASARAGOD TALUK AND DISTRICT. 3. ABDULRAHMAN, AGED 31 YEARS – A3 S/O.MOOSABARI, BADARIYA MANZIL, MUNDOLY, KANIYALA, BAYAR VILLAGE, KASARAGOD TALUK AND DISTRICT. 4. SOUDHA, AGED 27 YEARS, - A4 W/O.ABDUL AZEEZ, BADARIYA MANZIL, MUNDOLY, KANIYALA, BAYAR VILLAGE, KASARAGOD TALUK AND DISTRICT. BY ADV. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT(S)/RESPONDENTS/COMPLAINANT AND STATE: --------------- 1. K.P.NUSRATH, AGED 31, D/O.P.T.AHAMMED, R/AT.PARICHUVADU HOUSE, PADANAPURAM, PADANNA VILLAGE, KASARAGOD TALUK. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERANAKULAM. ADV. SRI.SIJU MATHEW FOR R1 PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.168 of 2011 -------------------------------------- Dated this the 28th day of January, 2011. ORDER Petitioners are accused 1 to 4 in Crime No.141 of 2009 of Chandera Police Station and C.C. No.1266 of 2009 of the court of learned Judicial First Class Magistrate-I, Hosdurg for offence punishable under Section 498A read with Section 34 of the Indian Penal Code, seeking to quash the proceedings against them in view of the compromise reached with respondent No.1/defacto complainant. Respondent No.1 filed a private complaint against petitioners alleging commission of offence as above stated. That complaint was forwarded to the police for investigation under Section 156(3) of the Code of Criminal Procedure. Police registered Crime No.141 of 2009, investigated and submitted final report in the court of learned Judicial First Class Magistrate-I, Hosdurg who took cognizance for the said offence and filed C.C.No.1266 of 2009. Now, it is stated that dispute has been settled between the parties amicably and accordingly, petitioner No.1 and respondent No.1 are residing together as husband and wife. 2. Heard learned counsel for petitioners, respondent No.1 and the Public Prosecutor. Learned Public Prosecutor after getting instruction has submitted that parties have settled the dispute. Crl.MC No.168/2011 2 3. Offence is purely personal to and between the parties hereto. They having reached an amicable settlement and as part of that, petitioner No.1 and respondent No.1 are living together. To maintain the harmonious relationship parties have arrived at and since there is no possibility of a successful culmination of the prosecution in the circumstances stated above I am inclined to allow this petition. Resultantly this petition is allowed. The Final Report in Crime No.141 of 2009 of Chandera Police Station, cognizance taken thereon and all proceedings against petitioners in C.C.No.1266 of 2009 of the court of learned Judicial First Class Magistrate-I, Hosdurg are quashed. THOMAS P.JOSEPH, Judge. cks