IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 22ND DECEMBER 2011 / 1ST POUSHA 1933 Crl.MC.No. 4413 of 2011() ------------------------------------- CC.528/2011 of JUDL. MAGISTRATE OF FIRST CLASS-IV, KOZHIKODE .................... PETITIONER(S): ACCUSED NOS. 1 & 2 AND DEFACTO COMPLAINANT --------------------------------------------------------------------------------------------------- 1. SABU, AGED 35 YEARS,S/O.SAINABA, MATHOTTIL HOUSE,CIVIL STATION,KOZHIKODE. 2. SAINABA, AGED 60 YEARS,MATHOTTIL HOUSE, CIVIL STATION, KOZHIKODE. 3. SHERIFA, AGED 33 YEARS,W/O.SABU, KAPPUMMAL VEEDU, MALPPADIKANDI THAZHE,PAITHOTHU ROAD, PERAMBRA, KOZHIKODE DISTRICT. BY ADV. SRI.K.K.JAYARAJ NAMBIAR RESPONDENT/COMPLAINANT ------------------------------------------- STATE OF KERALA, (REP.BY THE SUB INSPECTOR OF POLICE, NADAKKAVU POLICE STATION- CR.NO.240/2O11 OF NADAKKAVU POLICE STATION), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY ADV.SRI.RAJESH VIJAYAN, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: DG Crl.MC.No. 4413 of 2011() APPENDIX PETITIONER(S) EXHIBITS: ANNEXURE-A : TRUE COPY OF THE FIR IN CRIME NO.240/2011 OF NADAKKAVU POLICE STATION. ANNEXURE-B : TRUE COPY OF THE FI STATEMENT GIVEN BY THE 3RD PETITIONER BEFORE THE NADAKKAVU POLICE STATION IN CRIME NO.240/2011. ANNEXURE-C : TRUE COPY OF THE FINAL REPORT IN CRIME NO.240/2011 OF NADAKKAVU POLICE STATION FILED BEFORE THE HONOURABLE JUDICIAL FIRST CLASS MAGISTRATE'S COURT-IV,KOZHIKODE. ANNEXURE-D : AFFIDAVIT OF THE 3RD PETITIONER SWORN BEFORE THE NOTARY PUBLIC. RESPONDENTS' EXHIBITS - NIL /TRUE COPY/ P.A.TO JUDGE DG N.K.BALAKRISHNAN, J. ---------------------------------------------------- Crl.M.C.No.4413 of 2011 ---------------------------------------------------- Dated this the 22nd day of December, 2011 Order The petitioners are the accused in CC No.528 of 2011 on the file of JFCM Court-IV, Kozhikode. The offences alleged against them are under Sections 498A and 323 r/w 34 IPC. The defacto complainant is the third petitioner herein. It is submitted that the entire dispute has been settled out of court between the parties. The first petitioner and the third petitioner are staying together in the same house happily after the dispute was settled. The learned counsel submits that the third petitioner has no further grievance against petitioners 1 and 2. Annexure D affidavit has been filed by the third petitioner to that effect. Since the dispute is purely personal and the parties have settled the dispute, this Crl.M.C. is allowed. Further proceedings as against petitioners 1 and 2 in CC No.528 of 2011 on the file of JFCM Court-IV, Kozhikode is quashed. N.K.BALAKRISHNAN, JUDGE. srd 2 3