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. 1787 of 2011() ------------------------- CC.126/2011 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, PERAMBRA .................. PETITIONERS / ACCUSED: -------------------------------------- 1. ABDUL AZEEZ, S/O.ALI, AGED 40 YEARS, KOMATTICHALIL HOUSE, ORAVIL POST, ULLYERI, KOZHIKODE. 2. ALI, S/O.ABDU, AGED 78 YEARS, KOMATTICHALIL HOUSE, ORAVIL POST, ULLYERI, KOZHIKODE. 3. FATHIMA, W/O.ALI, AGED 65 YEARS, KAMATTICHALIL HOUSE, ORAVIL POST, ULLYERI, KOZHIKODE. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENTS / STATE & COMPLAINANT: -------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-680 031. 2. SHARMINA, D/O.RAHMANKUTTY, AGED 28 YEARS, KAKKATTUMMEL HOUSE, POST UNNIKULAM, VIA POONOOR THAMARASSERY, KOZHIKODE DISTRICT-673 001. R1 BY PUBLIC PROSECUTOR SRI. JAYASURYA R2 BY ADV. SRI.NISHIL.P.S. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/- Crl.MC.No. 1787 of 2011() APPENDIX PETITIONER'S ANNEXURE'S ANNEXURE - 1 : COPY OF THE FIR IN CRIME NO. 33/11 OF THE ATHOLI POLICE STATION. ANNEXURE - 2 : COPY OF THE FINAL REPORT IN CRIME 33/11 OF THE ATHOLI POLICE STATION. ANNEXURE - 3 : AFFIDAVIT SWORN TO BY THE SECOND RESPONDENT. RESPONDENT'S ANNEXURE'S - NIL //TRUE COPY// P.S. TO JUDGE Mn THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1787 of 2011 ==================================== Dated this the 15th day of June, 2011 O R D E R Petitioners are accused in Crime No.33 of 2011 of Atholi Police Station and C.C. No.126 of 2011 of the court of learned Judicial First Class Magistrate-II, Perambra for offence punishable under Sections 406 and 498A read with Section 34 of the Indian Penal Code. Petitioners request to quash proceedings against them on the strength of a settlement with the second respondent. I have heard counsel and Public Prosecutor. 2. Learned counsel have confirmed the settlement and authenticity and genuineness of Annexure-3, affidavit of second respondent. Dispute is personal to and between petitioners and the second respondent and the same is settled as seen from Annexure-3, affidavit. In the circumstances it is not necessary to continue the prosecution. Hence I am inclined to allow the petition. Resultantly, Criminal Miscellaneous Case is allowed. CRL.M.C. No.1787 of 2011 -: 2 :- Annexure-A2, final report in Crime No.33 of Atholi Police Station, cognizance taken thereon and proceeding against petitioners in C.C. No.126 of 2011 of the court of learned Judicial First Class Magistrate-II, Perambra are quashed. THOMAS P. JOSEPH, JUDGE. vsv