IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 4TH APRIL 2011 / 14TH CHAITHRA 1933 Crl.MC.No. 1109 of 2011() ------------------------- CC.92/2008 of JUDL. MAGISTRATE OF FIRST CLASS-V, KOZHIKODE .................... PETITIONER(S): ACCUSED NOS.1 TO 4: ----------------------------------------------------------- 1. K. ABDURAHIMAN, S/O.MUHAMMAD MOIDEEN, PUTHIYANKAM, THEKKUMURI BUS STOP, PUTHIYANKAM P.O., KUNNUMPARAMB THEKKUMURI AMSOM, PALLI STOP, PALAKKAD DISTRICT. 2. K.MUHAMMAD MOIDEEN, THACHANADY, CHANDAPPURAMUKKU, PUTHUKKOD P.O., PUTHUKKOD AMSOM, PALAKKAD DISTRICT. 3. T.BEEPATHUMMA, W/O.MUHAMMAD MOIDEEN, THACHANADY, CHANDAPPURAMUKKU, PUTHUKKOD P.O., PUTHUKKOD AMSOM, PALAKKAD DISTRICT 4. HAJIRA, W/O.ALI, PUTHIYANKAM, THEKKUMURI BUS STOP, PUTHIYANKAM P.O., KUNNUMPARAMB THEKKUMURI AMSOM, PALLI STOP, PALAKKAD DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): ---------------------------- 1. T.SAJNA, W/O.ABDURAHIMAN, VALIYAPARAMBA, FLAT, ARAKKINAR ROAD, ARAKKINAR P.O., KOZHIKODE. 2. STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, BEYPORE POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.S.R.SREEJITH R2 BY PUBLIC PROSECUTOR SRI. K.J.MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1109 of 2011 ==================================== Dated this the 04th day of April, 2011 O R D E R Petitioners are accused 1 to 4 in Crime No.28 of 2007 of Beypore Police Station and C.C. No.92 of 2008 of the court of learned Judicial First Class Magistrate-V, Kozhikode for offences punishable under Sections 498A, 406 and 323 read with Section 34 of the Indian Penal Code. That case was registered on the complaint of the first respondent, wife of first petitioner. Petitioners say that they have settled the matter with the first respondent and accordingly request to quash proceeding against them. I have heard learned counsel for petitioners, first respondent and the learned Public Prosecutor. Learned counsel for petitioners and first respondent confirmed the settlement and authenticity of signatures of their respective parties in the joint petition. It is seen from the joint petition that the matter is settled and that first respondent does not want to proceed further against petitioners. In view of the settlement and the fact that dispute is personal to and between petitioners and first respondent I am inclined to allow the petition. CRL.M.C. No. 1109 of 2011 -: 2 :- Resultantly, Criminal Miscellaneous Case is allowed. FIR in Crime No.28 of 2007 of Beypore Police Station, cognizance taken thereon and all proceeding against petitioners/accused 1 to 4 in C.C. No.92 of 2008 of the court of learned Judicial First Class Magistrate-V, Kozhikode are quashed. THOMAS P. JOSEPH, JUDGE. vsv