IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 15TH JUNE 2011 / 25TH JYAISHTA 1933 Crl.MC.No. 1768 of 2011() ------------------------------------- CC.NO. 889/2010 of JUDL. MAGISTRATE OF FIRST CLASS, KUNNAMANGALAM .................... PETITIONER(S): DEFACTO COMPLAINANT --------------------------------------------------------------- SHAMNA, AGED 20 YEARS, D/O.MUHAMMED, MALAYILTHOOT HOUSE, P.O.MUTTANCHERI, VIA NARIKKUNI, KOZHIKODE DISTRICT. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): STATE ------------------------------------- 1. SUB INSPECTOR OF POLICE, KUNNAMANGALAM POLICE STATION, KUNNAMANGALAM-PIN- 673 571. 2. FINSIS, S/O.UMMER, RESIDING AT KODIYALATH HOUSE,MADAVOOR AMSOM DESOM, PAIAMBALASSERY, KOZHIKODE DISTRICT-PIN- 673 583. 3. UMMER, S/O.ABDU, KODIYALATH HOUSE,MADAVOOR AMSOM DESOM, PAIAMBALASSERY, KOZHIKODE DISTRICT-673 583. 4. FATHIMA, D/O.UMMER, KODIYALATH HOUSE,MADAVOOR AMSOM DESOM, PAIAMBALASSERY, KOZHIKODE DISTRICT-673 583. 5. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31. R1 & R5 BY PUBLIC PROSCECUTOR SRI.V.MANU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts CRMC.NO.1768/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A: COPY OF THE FINAL REPORT IN CC NO.889/2010 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KUNNAMANGALAM. ANNEXURE B: COPY OF THE AGREEMENT DATED 4/3/2011. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.S.TO.JUDGE sts THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.1768 of 2011 -------------------------------------- Dated this the 15th day of June, 2011. ORDER Petitioner is the defacto complainant in Crime No.352 of 2010 of Kunnamangalam Police Station and C.C.No.889 of 2010 of the court of learned Judicial First Class Magistrate, Kunnamangalam for offences punishable under Sections 406 and 498A read with Section 34 of the Indian Penal Code. On the complaint of petitioner the Police registered a case against respondents 2 to 4. Petitioner says that she has settled the dispute with respondents 2 to 4 and hence requests this Court to quash proceeding against them. I have heard learned counsel for petitioner and the learned Public Prosecutor. 2. Annexure-B is the photocopy of agreement executed between petitioner and second respondent, wife and husband. Learned counsel confirms authenticity and genuineness of the agreement executed between parties. 3. The defacto complainant herself has come forward to request that proceeding against respondents 2 to 4 be quashed. Since the dispute is purely personal to and between petitioner and respondents 2 to 4 and that dispute is settled, I am inclined to allow the request. Crl.MC No.1768/2011 2 Resultantly this Criminal Miscellaneous Case is allowed. Final report in Crime No.352 of 2010 of Kunnamangalam Police Station, cognizance taken thereon and proceeding against respondents 2 to 4/accused in C.C.No. 889 of 2010 of the court of learned Judicial First Class Magistrate, Kunnamangalam are quashed. THOMAS P.JOSEPH, Judge. cks