IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 1ST JUNE 2011 / 11TH JYAISHTA 1933 Crl.MC.No. 1578 of 2011() --------------------------------------- (CRIME NO.536/2010 OF FEROKE POLICE STATION) PETITIONER(S): ACCUSED: ----------------------------------------- 1. ABDUL RASAQ,AGED 29 YEARS, S/O.MAMMUNNI HAJI,POOLATTU PARAMBU, VAIDYARANGADI RAMANATTU KARA, KOZHIKODE TALUK. 2. PATHUTTI, AGED 59 YEARS, W/O.MAMMUNNI HAJI, POOLATTU PARAMBU, VAIDYARANGADI RAMANATTU KARA,KOZHIKODE TALUK. 3. ABDUL LATHEEF, AGED 35 YEARS, S/O.MAMMUNNI HAJI, POOLATTU PARAMBU, VAIDYARANGADI RAMANATTU KARA,KOZHIKODE TALUK. 4. RUKHIYA, AGED 43 YEARS,D/O.MAMMUNNI HAJI, POOLATTU PARAMBU,VAIDYARANGADI RAMANATTU KARA, KOZHIKODE TALUK. BY ADVS. SRI.P.V.KUNHIKRISHNAN, SRI. HANSON P.MATHEW. RESPONDENT(S): --------------------------- 1. JASIDA, AGED 22 YEARS, D/O.ABU, MALIYEKKAL HOUSE, FEROKE AMSOM, NALLOOR DESOM,FEROKE P.O.,KOZHIKODE TALUK-673 631. 2. SUB INSPECTOR OF POLICE, FEROKE POLICE STATION,KOZHIKODE-673 631. 3. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31. R1 BY ADV. SRI.HANSON.P.MATHEW R2 & R3 BY PUBLIC PROSECUTOR SRI. MANU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1578 of 2011 ==================================== Dated this the 01st day of June, 2011 O R D E R Petitioners are accused in Crime No.536 of 2010 of Feroke Police Station for offences punishable under Sections 498A and 406 read with Section 34 of the Indian Penal Code. Petitioners seek to quash proceedings against them on the strength of a settlement reached with the first respondent. I have heard learned counsel for petitioner, first respondent and learned Public Prosecutor. Annexure-C is the photocopy of an agreement executed by the first petitioner through his Power of Attorney holder and the first respondent settling the dispute between them. As per the settlement first respondent has been divorced. In Annexure-D, affidavit sworn by the first respondent it is stated that the dispute between herself and petitioners is settled and hence she has no objection in quashing proceeding against petitioners. Learned counsel for petitioners and second respondent confirmed the settlement and authenticity and genuineness of Annexure-C agreement. Learned counsel for first respondent has also confirmed authenticity and genuineness of Annexure-D, affidavit CRL.M.C. No.1578 of 2011 -: 2 :- sworn by the first respondent. Since the offence involved arose from a family dispute between petitioners and first respondent and that dispute is settled I am inclined to allow the petition. Resultantly, Criminal Miscellaneous Case is allowed. First information report in Crime No.536 of 2010 of Feroke Police Station and all further proceedings taken pursuant thereto against petitioners are quashed. THOMAS P. JOSEPH, JUDGE. vsv