IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 31ST JANUARY 2011 / 11TH MAGHA 1932 CRL.MC.NO. 4167 OF 2010() --------------------------------------- (CRIME NO.363 OF 2010, OCHIRA POLICE STATION) PETITIONER(S): ACCUSED ------------------------------------- A.SIYAD, AGED 37 YEARS, S/O. ABDUL RAZAK, PULATHARAYILVEEDU, VALLIKUNNAM, MAVELIKKARA TALUK. BY ADV. SRI.E.RAFEEK RESPONDENT(S): ---------------------------- 1. USAIBA, AGED 32 YEARS, W/O. SHARAFUDEEN, MINARATHU MANZIL, PULIYOOR VANCHI VADAKKUMMURI, THODIYOOR. 2. UMAIBA, AGED 38 YEARS, KADUVINAL MANZIL, VALLIKUNNAM VILLAGE, MAVELIKKARA. 3. SADIQUE, AGED 18 YEARS, S/O. UMAIBA, KADUVINAL MANZIL, VALLIKUNNAM VILLAGE, MAVELIKKARA. 4. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SMT.HUMERA MOHAMED ALI FOR R1,2,3 BY PUBLIC PROSECUTOR SHRI K.J. MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/11/2010, THE COURT ON 31/01/2011 PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.4167 of 2010 ==================================== Dated this the 31st day of January, 2011 O R D E R Petitioners are accused in Crime No.363 of 2010 of Ochira police station for offences punishable under Sections 143, 147, 148, 452, 354, 323, 324 and 427 read with Section 149 of the Indian Penal Code. Case is that on 17.04.2010 at about 4.00 p.m. petitioners and a few other unidentified persons trespassed into the house of the de facto complainant and committed offences as alleged. Motive for the alleged incident is that Muneer, a relative of de facto complainant who was in love with Shihana, a relative of petitioners took away that girl. Petitioners requested to quash the proceedings against them in view of the settlement they have reached with respondent Nos.1 to 3 who are the injured. I have heard learned counsel for petitioners, respondent Nos.1 to 3 and the learned Public Prosecutor. Learned Public Prosecutor on instructions submitted that petitioners have settled the matter with respondent Nos.1 to 3. Annexure-III is the photocopy of the agreement entered into between petitioners and respondent Nos.1 to 3. Respondent Nos.1 to 3 have sworn affidavits (Annexures-IV to VI) which state that the matter has been settled between the CRL.M.C. No.4167 of 2010 -: 2 :- parties and that they do not intend to proceed in the matter, further. 2. As I stated, motive behind the incident is a love affair between a boy and a girl related to the parties herein. Since the parties have settled the dispute and there is no possibility of prosecution having a successful culmination I am inclined to allow this petition. Resultantly, Criminal Miscellaneous Case is allowed. Annexure-I, FIR in Crime No.363 of 2010 of Ochira Police Station and all proceedings pursuant thereto against petitioners are quashed. THOMAS P. JOSEPH, JUDGE. vsv