IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 25TH FEBRUARY 2011 / 6TH PHALGUNA 1932 Crl.MC.No. 4846 of 2010() ------------------------- (CRIME NO.317 OF 2007 OF PAYYOLI POLICE STATION) ------- PETITIONER/ACCUSED 1-3 ---------------------------------------- 1. JALAL, S/O.MOHAMMED KOYA, ERAKKODU HOUSE, ULLERI, KAKKANCHERY, KOYILANDI TALUK, KOZHIKODE. 2. MOHAMMED KOYA, ERAKKODU HOUSE, ULLERI, KAKKANCHERY, KOYILANDI TALUK, KOZHIKODE. 3. SUHARA, W/O.MOHAMMAD KOYA, ERAKKODU HOUSE, ULLERI, KAKKANCHERY, KOYILANDI TALUK. BY ADVS. SRI.P.SREEKUMAR SRI.K.S.MANU (PUNUKKONNOOR) RESPONDENT/COMPLAINANT ------------------------------------------- 1. RABIYA, PADINJARE MOOLATHU, CHERUMALAYIL, KIZHOOR POST, MELADI AMSOM, KIZHOOR DESOM, KOYILANDI TALUK 689 361. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.P.ABDUL JALEEL R2 BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.4846 of 2010 ==================================== Dated this the 25th day of February, 2011 O R D E R Petitioners are accused 1 to 3 in crime No.317 of 2007 of Payyoli police station and S.C No.492 of 2008 of the court of learned Sessions Judge, Kozhikode for offence punishable under Sections 498A, 406, 312 and 313 of the Indian Penal Code. Petitioners seek to quash proceeding against them on the strength of a settlement reached between them and respondent No.1-wife of first petitioner (I am told that divorce has been effected now). Learned counsel seeks permission to withdraw the petition without prejudice to the right of petitioners to take appropriate defence in the trial court. Learned counsel requests that since first petitioner is working abroad he may be exempted from appearance in the trial court. 2. Having regard to the submissions made, I am inclined to allow the request to withdraw the petition. So far as request for exemption from appearance is concerned I make it clear that if an application is preferred requesting exemption learned Magistrate CRL.M.C. No.4846 of 2010 -: 2 :- shall consider the same having regard to the fact there is no dispute regarding the identity of petitioner and in the light of the decision in Basavaraj R.Patil v. State of Karnataka ([2000] 8 SCC 740) pass appropriate orders. Criminal Miscellaneous Case is dismissed as withdrawn with the above observation. THOMAS P. JOSEPH, JUDGE. vsv