IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 25TH FEBRUARY 2011 / 6TH PHALGUNA 1932 Crl.MC.No. 517 of 2011() ------------------------ ( CC.663/2010 of CHIEF JUDITIAL MAGISTRATE COURT, THALASSERY) .................... PETITIONER/ACCUSED 1 to 6 ------------------------------------------ 1. JAMSHEER S., S/O.AHAMMAD, 29 YEARS, MUHAMMAD MANZIL, THAZHEKAVIN MOOLA. 2. KHADEEJA, W/O.AHAMMADKUTTY, AGED 50 YEARS, MUHAMMAD MANZIL, THAZHEKAVIN MOOLA. 3. AHAMMADKUTTY, AGED 58 YEARS, MUHAMMAD MANZIL, THAZHEKAVIN MOOLA. 4. RAYANATH, D/O.AHAMMADKUTTY, 30 YEARS, MUHAMMAD MANZIL, THAZHEKAVIN MOOLA. 5. RAJEENA, D/O.AHAMMADKUTTY, 26 YEARS, MUHAMMAD MANZIL, THAZHEKAVIN MOOLA. 6. JASEELA, D/O.AHAMMADKUTTY, 22 YEARS, MUHAMMAD MANZIL, THAZHEKAVIN MOOLA. BY ADV. SRI.DEVAPRASANTH.P.J. RESPONDENTS/COMPLAINANTS ---------------------------------------------- 1. STATE OF KERALA, REP. BY SI OF POLICE, CHAKKARAKKALLU POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. RADEEFA C.K., W/O.JAMSHEER S., 22 YEARS, NASRAM, THANKEKUNNU, P.O.KAPPAD, KANNUR DISTRICT PIN 670003. R1 BY PUBLIC PROSECUTOR, SRI.MOHAMMED AZAR R2 BY ADV. SRI.M.MURALEEDHARAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.517 of 2011 ==================================== Dated this the 25th day of February, 2011 O R D E R Petitioners are accused 1 to 6 in Crime No.176 of 2010 of Chakkarakallu police station and C.C. No.663 of 2010 of the court of learned Chief Judicial First Class Magistrate, Thalassery for offences punishable under Sections 498A, 323, 403 and 506(ii) read with Section 34 of the Indian Penal Code. Case is that petitioners subjected respondent No.2-wife of first petitioner to cruelty, voluntarily caused hurt to her, criminally intimidated and misappropriated her ornaments and money. Petitioners request this Court to quash the proceeding on the strength of a settlement reached between them and respondent No.2. I have heard learned counsel for petitioners, respondent No.2 and the learned Public Prosecutor. Learned counsel for respondent No.2 confirmed settlement and authenticity of Annexure-III, affidavit of respondent No.2. Since dispute is personal to and between petitioners and respondent No.2, that dispute is settled and there is no possibility of prosecution having a successful culmination, I am inclined to allow this petition. CRL.M.C. No.517 of 2011 -: 2 :- Resultantly, this Criminal Miscellaneous Case is allowed. Annexure-II, final report, cognizance taken thereon and proceeding in C.C. No.663 of 2010 of the court of learned Chief Judicial Magistrate, Thalassery against petitioners are quashed. THOMAS P. JOSEPH, JUDGE. vsv