IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 8TH MARCH 2011 / 17TH PHALGUNA 1932 Crl.MC.No. 692 of 2011() -------------------------------------- CC.578/2010 of JUDL. MAGISTRATE OF FIRST CLASS-V, KOZHIKODE CRIME NO.3/2010 OF FEROKE POLICE STATION. .................... PETITIONER(S): ACCUSED --------------------------------------- 1. SAHARATH.T, S/O.SAITHU,AGED 29 YEARS, THOTTUPPADAM, FEROKE PETTAH PO,,KOZHIKODE. 2. SAITHU, S/O.KHADER,AGED 51 YEARS, THOTTUPPADAM, FEROKE PETTAH PO,KOZHIKODE. 3. SAJITHA, D/O.SAITHU,AGED 33 YEARS, THOTTUPPADAM, FEROKE PETTAH PO,KOZHIKODE. 4. AMINA, W/O.SAITHU,AGED 47 YEARS, THOTTUPPADAM, FEROKE PETTAH PO,KOZHIKODE. BY ADV. SRI.K.P.SUDHEER SRI.SANTHEEP ANKARATH RESPONDENT(S): STATE & COMPLAINANT -------------------------------------------------------------- 1. THE STATE OF KERALA, REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM,,REP. SUB INSPECTOR OF POLICE,FEROKE POLICE STATIION, FEROKE-673 631,KOZHIKODE DISTRICT. 2. RAHMATH,W/O.SAHARATH.T,VEMMARATH HOUSE, FEROKE PETTAH PO, 673 631,KOZHIKODE DISTRICT. R1 BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA R2 BY ADV. SRI.SANTHEEP ANKARATH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.692 of 2011 -------------------------------------- Dated this the 8th day of March, 2011. ORDER Petitioners are accused in Crime No.3 of 2010 of Feroke Police Sation and C.C.No.578 of 2010 of the court of learned Judicial First Class Magistrate-V, Kozhikode for offences punishable under Sections 406 and 498A 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 seek 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. It is seen from Annexure-4, affidavit of respondent No.2 that the dispute is settled between her and petitioners and pursuant to the settlement she is residing with petitioner No.1 as his wife. Learned Public Prosecutor after getting instruction has confirmed the fact of settlement. In the above circumstances it is not necessary to continue the proceeding. In the circumstances I am inclined to allow the request. Crl.MC No.692/2011 2 Resultantly this petition is allowed. Annexure-3, final report in Crime No.3 of 2010 of Feroke Police Station, cognizance taken thereon and proceeding against petitioners in C.C.No.578 of 2010 of the court of learned Judicial First Class Magistrate-V, Kozhikode are quashed. THOMAS P.JOSEPH, Judge. cks