IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 9TH JUNE 2011 / 19TH JYAISHTA 1933 Crl.MC.No. 1619 of 2011() ------------------------------------- CC.NO. 55/2011 of CHIEF JUDICIAL MAGISTRATE COURT, KASARAGOD .................... PETITIONER(S)/ ACCUSED NO'S: 1 TO 3 ---------------------------------------------------------- 1. MOIDEEN A.M., AGED 29 YEARS, S/O.S.K.KUNHAHMMED, MULIYADUKKAM, KODIYAMMA POST, KUMBLA VIA, KASARAGOD TALUK AND DISTRICT. 2. ASSAIMMA, AGED 50 YEARS, W/O. S.K. KUNHAHMMED, MULIYADUKKAM, KODIYAMMA POST, KUMBLA VIA, KASARAGOD TALUK AND DISTRICT. 3. HAJIRA, AGED 31 YEARS, S/O.S.K.KUNHAHMMED, MULIYADUKKAM, KODIYAMMA POST, KUMBLA VIA, KASARAGOD TALUK AND DISTRICT. BY ADV. SRI.JAWAHAR JOSE SMT.CISSY MATHEWS RESPONDENT(S)/ DEFACTO- COMPLAINANT & STATE ------------------------------------------------------------------------------ 1. FATHIMATH FAHMEEDA.M.K. @ FAMEEDA, AGED 20 YEARS, D/O. MOHAMMAD, BATTAKANDAM HOUSE,PEROL POST, MOGRAL, KASARAGOD TALUK AND DISTRICT.PIN- 671 552. 2. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.PIN- 682 031. R2 BY PUBLIC PROSECUTOR SRI.K.J. MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.1619 of 2011 --------------------------------------- Dated this 09th day of June, 2011 ORDER Petitioners are the accused in Crime No.555 of 2010 of Kumbala Police Station and C.C.No.55 of 2011 of the Court of learned Chief Judicial Magistrate, Kasaragod for offences punishable under Secs.323 and 498A r/w Sec.34 of the Indian Penal Code (for short, "the IPC”). Petitioner has settled the dispute with the first respondent and accordingly it is prayed that proceeding in C.C.No.55 of 2011 may be quashed. I have heard learned counsel for petitioner, first respondent and the learned Public Prosecutor. 2. Annexure-D is the affidavit sworn by first respondent where it is stated that she has no objection in quashing proceeding against petitioners. Learned counsel on both sides confirmed the settlement. Learned counsel for first respondent has confirmed authenticity and genuineness of Annexure-D, affidavit sworn by first respondent. Since the dispute is personal to and between petitioners and the second respondent and that dispute is settled, it is not necessary to continue further proceeding. Hence I am inclined to allow this petition. Crl.M.C.No.1619 of 2011 -: 2 :- Resultantly this criminal miscellaneous case is allowed. The final report in Crime No.555 of 2010 of Kumbala Police Station and all proceedings in C.C.No.55 of 2011 of the Court of learned Chief Judicial Magistrate, Kasaragod against petitioners are quashed. (THOMAS P JOSEPH, JUDGE) Sbna/-