IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 12TH APRIL 2011 / 22ND CHAITHRA 1933 Crl.MC.No. 1241 of 2011() ------------------------- CRIME NO.150/2011 OF THAMARASSERY POLICESTATION PETITIONER(S)/accused 1 & 2: --------------- 1. RAFEEQ N.V., S/O.AMMAD (LATE), 28 YEARS, NADAVAYALIL, CHENGAROTH, PANDHINIKKARA, PERVANNAMUZHI, KOZHIKODE DISTRICT. 2. KADEEJA, W/O.LATE SRI AMMAD, AGED 60 YEARS, NADAVAYALIL, CHENGAROTH, PANDHINIKKARA, PERVANNAMUZHI, KOZHIKODE DISTRICT. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENT(S)/STATE AND COMPLAINANT: --------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031. 2. MS.SUMAYYA, D/O.MOOSA MUSALIAR, 20 YEARS, CHEEDIPARAMMAL, CHEMBRA KUNDA, KEDAVOOR AMSOM, KATTUPARA, KOZHIKODE - 673 001. ADV. SRI.NISHIL.P.S. FOR R2 PUBLIC PROSECUTOR SHRI K.J.MOHAMMED ANZAR FOR R1 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.1241 of 2011 -------------------------------------- Dated this the 12th day of April, 2011. ORDER Petitioners are accused 1 and 2 in Crime No.150 of 2011 of Thamarassery Police Station for offences punishable under Sections 323, 406, 498A and 506(i) read with Section 34 of the Indian Penal Code. That case was registered on a complaint preferred by respondent No.2, wife of petitioner No.1. Petitioners request to quash proceeding against them on the strength of a settlement reached with respondent No.2. I have heard learned counsel for petitioners, respondent No.2 and the learned Public Prosecutor. 2. Learned counsel on both sides confirmed the settlement. Learned counsel for respondent No.2 also confirmed authenticity of Annexure-2, affidavit sworn by respondent No.2. In that affidavit it is stated that the dispute is settled and that respondent No.2 has no grievance in the matter. It is also stated that she has no objection to this Court prematurely terminating the proceeding in Crime No.150 of 2011 of Thamarassery Police Station. 3. The alleged offences are purely personal in nature and between petitioners and respondent No.2. The dispute is settled between parties amicably. In the light of that settlement I am inclined to think that continuance of the proceeding is not required. Crl.MC No.1241/2011 2 Resultantly this Criminal Miscellaneous Case is allowed. The FIR in Crime No.150 of 2011 of Thamarassery Police Station and proceeding against petitioners pursuant to that are quashed. THOMAS P.JOSEPH, Judge. cks