IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 25TH MAY 2011 / 4TH JYAISHTA 1933 Crl.MC.No. 1490 of 2011() ------------------------- CC.124/2011 (CRIME NO.368/09) OF JUDL. MAGISTRATE OF FIRST CLASS COURT, PARAPPANANGADI .................... PETITIONER(S) /2ND & 3RD ACCUSED ------------------------------------------------------ 1. FATHIMA, W/O.ABDUL KAREEM, THENGALAKATH HOUSE, P.O.PUTHOOR PALLIKKAL, KOONOLMADU, THENHIPALAM, MALAPPURAM DISTRICT. 2. ABDUL KAREEM, S/O.HASSAN HAJI, THENGALAKATH HOUSE, P.O.PUTHOOR PALLIKKAL, KOONOLMADU, THENHIPALAM, MALAPPURAM DISTRICT. BY ADV. SRI.U.K.DEVIDAS RESPONDENTS/COMPLAINANT/STATE ----------------------------------------------------------- 1. SALIMA, D/O.BASHEER, VETTIKUTHI HOUSE, P.O.VELIMUKKU, PADIKKAL, THIRURANGADI TALUK, MALAPPURAM DISTRICT 679573. 2. STATE OF KERALA REPRESENTED BY THE S.I. OF POLICE, THENHIPALAM THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN 31. R1 ADV. SRI.PRINSUN PHILIP R2 BY PUBLIC PROSECUTOR SRI.K.HJ.MOHAMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1490 of 2011 ==================================== Dated this the 25th day of May, 2011 O R D E R Petitioners are accused 2 and 3 in Crime No.368 of 2009 of Thenhipalam Police Station and C.C. No.124 of 2011 of the court of learned Judicial First Class Magistrate, Parappanangadi for offences punishable under Sections 498A and 406 read with Section 34 of the Indian Penal Code. Case is that petitioners along with the first accused who is the husband of first respondent misappropriated gold ornaments and money of the first respondent and subjected her to cruelty. Petitioners request to quash proceedings against them on the strength of a settlement reached with the first respondent. I have heard learned counsel for petitioners, first respondent and the learned Public Prosecutor. Learned counsel for petitioners and first respondent confirmed the settlement and authenticity and genuineness of Annexure-C, agreement entered between first accused and first respondent. Learned counsel for first respondent also confirmed the genuineness of Annexure-D, affidavit sworn by the first respondent and submitted that the entire dispute is settled. He CRL.M.C. No.1490 of 2011 -: 2 :- submitted that in view of the settlement the case against first accused may also be quashed. Affidavit also stated that the entire dispute is settled. Since the dispute is personal to and between petitioners, first respondent and the first accused and the dispute is settled, I am inclined to allow the petition. Resultantly, Criminal Miscellaneous Case is allowed. Final report in Crime No.368 of 2009 of Thenhipalam Police Station, cognizance taken thereon and all proceeding against petitioners and the first accused in C.C. No.124 of 2011 of the court of learned Judicial First Class Magistrate, Parappanangadi are quashed. THOMAS P. JOSEPH, JUDGE. vsv