IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 3RD MARCH 2011 / 12TH PHALGUNA 1932 Crl.MC.No. 546 of 2011() ------------------------------------ LPC.NO.37/2009 of JUDICIAL MAGISTRATE OF FIRST CLASS, KASARAGOD .................... PETITIONER(S): ACCUSED NOS 1 AND 2 ----------------------------------------------------------- 1. IBRAHIM KHALEEL, AGED 25 YEARS, S/O ABBAS, RESIDING AT JOLIYADUKKA, SHANTHIPALLAM, NEERCHAL VILLAGE, KASARAGOD DISTRICT. 2. MOIDU @ MOIDEEN, AGED 40 YEARS, S/O.VADUVAN KUNHI, RESIDING AT JOLIYADUKKA, SHANTHIPALLAM, NEERCHAL VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.JAWAHAR JOSE RESPONDENT(S): DEFACTO COMPLAINANT & STATE ------------------------------------------------------------------------------- 1. P.M.AYISHA, AGED 27 YEARS, D/O.ABDULLA, RESIDING AT JOLIYADUKKA, SHANTHIPALLAM, NEERCHAL VILLAGE, KASARAGOD DISTRICT- 671121. 2. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SMT.CISSY MATHEWS R2 BY PUBLIC PROSECUTOR SRI.K.J.MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.546 of 2011 --------------------------------------- Dated this 03rd day of March, 2011 ORDER Petitioners are accused Nos.1 and 2 in Crime No.94 of 2005 of Badiadka Police Station and L.P.C.No.37 of 2009 of the Court of learned Judicial First Class Magistrate, Kasaragod for offence punishable under Secs.452 and 307 r/w Sec.34 of the Indian Penal Code. Case is that on 03.05.2005 at about 8.45 p.m petitioners and others on account of previous enmity trespassed into the bath room of the first respondent and tried to kill her by strangulation. Petitioners requested to quash proceeding against them on the strength of settlement reached with first respondent. 2. I have heard learned counsel for petitioners, first respondent and the learned Public Prosecutor. Learned counsel for first respondent has confirmed settlement and authenticity of Annexure-C, affidavit sworn by the first respondent where she states that she has settled the matter with petitioners. Learned Public Prosecutor after getting instruction submitted that the parties have settled the dispute. 3. Accused Nos.3 and 4 faced trial and were acquitted as seen from Annexure-B, judgment. It is seen that only the first Crl.M.C.No.546 of 2011 -: 2 :- respondent was examined by the prosecution in that case and since she did not support the prosecution, all other witnesses were given up. First respondent stated about the incident but claimed that she could not identify the assailants. 4. It is submitted by learned counsel for petitioners and the first respondent that when the husband of the first respondent died in an accident at U.A.E, petitioners who were employed there helped the family of first respondent to a great extent in bringing his body to India and to complete the procedural requirements at the U.A.E Ministry and the Indian Embassy. They helped the family of first respondent a lot. Learned counsel for petitioners submitted that presently there is proposal for the marriage of first petitioner and the first respondent. 5. Having regard to the above circumstances and also the settlement reached with petitioners, I am not inclined to think that continuance of the proceeding against petitioners would be of any use except that it may affect the relationship which petitioners and first respondent are now having and even the proposal for marriage stated above. In the circumstances I am inclined to allow the petition. Crl.M.C.No.546 of 2011 -: 3 :- Resultantly this criminal miscellaneous case is allowed. Final report against petitioners in Crime No.94 of 2005 of Badiadka Police Station, cognizance taken thereon and proceeding against them in L.P.C.No.37 of 2009 of the Court of learned Judicial First Class Magistrate, Kasaragod are quashed. (THOMAS P JOSEPH, JUDGE) Sbna/-