IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 Crl.MC.No. 4038 of 2011() ------------------------------------ CRIME NO.313/2011 OF HEMAMBIKA NAGAR POLICE STATION, PALAKKAD DIST. ................. PETITIONERS/ACCUSED NOS.1 TO 6: ------------------------------------------------------- 1. AKBER ALI, AGED 24 YEARS, S/O.ASSANAR SAHIB, POOCHIRA, KUNNUMPURAM, PUDUPARIYARAM, PALAKKAD. 2. ASSANAR SAHIB, AGED 60 YEARS, S/O.VELLAPPA ROWTHER, PLOOCHIRA, KUNNUMPURAM, PUDUPARIYARAM, PALAKKAD. 3. ABU THAHIR, AGED 38 YEARS, S/O.ASSANAR SAHIB, POOCHIRA, KUNNUMPURAM, PUDUPARIYARAM, PALAKKAD. 4. MUHAMMED MOIDEEN, AGED 36 YEARS, S/O.ASSANAR SAHIB, POOCHIRA, KUNNUMPURAM, PUDUPARAIYARAM, PALAKKAD. 5. ABDUL KHADIR JAILANI, AGED 28 YEARS, S/O.ASSANAR SAHIB, POOCHIRA, KUNNUMPURAM, PUDUPARIYARAM, PALAKKAD. 6. MUHAMMED SHEREEF, AGED 41 YEARS, S/O.ALAVI, PANGIL HOUSE, RAILWAY COLONY, PALAKKAD. BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL) RESPONDENTS/DEFACTO COMPLAINANT AND STATE: ------------------------------------------------------------------------------- 1. SHAHANA BANU, AGED 19 YEARS, D/O. KOLAVALLI BASHEER, MELEMPADOM, KALLADIKKODE, MANNARKKAD TALUK, PALAKKAD DISTRICT, PIN-678 582. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, REPRESENTING S.I. POLICE, HEMAMBIKA NAGAR POLICE STATION, PALAKKAD-678 001. R1 BY ADV. SRI.UNNI SEBASTIAN KAPPEN. R2 BY PUBLIC PROSECUTOR MR.RAJESH VIJAYAN. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs Crl.MC.No. 4038 of 2011 APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE A: TRUE COPY OF THE F.I.R. DATED 15/10/2011 IN CRIME NO.313 OF 2011 OF HEMAMBIKA NAGAR POLICE STATION, PALAKKAD. ANNEXURE B: TRUE COPY OF THE AGREEMENT EXECUTED BETWEEN 1ST PETITIONER AND 1ST RESPONDENT HEREIN DATED 21/11/2011. ANNEXURE C: TRUE COPY OF THE AFFIDAVIT SWORN BY THE 1ST RESPONDENT. RESPONDENT'S ANNEXURES:- NIL. //TRUE COPY// P.A. TO JUDGE rs N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.4038 of 2011 ----------------------------------- Dated this the 25th day of November 2011 O R D E R Petitioners are accused Nos.1 to 6 in Crime No.313 of 2011 of Hemambika Nagar Police Station, Palakkad District. The offences alleged against them are under Sec.498A r/w 34 IPC and Secs.3 and 4 of the Dowry Prohibition Act. First respondent is the de facto complainant therein. She is represented in this Court by her counsel. It is submitted by the counsel appearing for both sides that the parties have settled the matter out of court and so the first respondent has no further grievance against the petitioners. It is further submitted that though the provisions of the Dowry Prohibition Act are also incorporated in the FIR, in fact. there are no sufficient allegations to attract those offences. It is also submitted that practically the complaint was only under Sec.498A IPC. Crl.M.C. No.4038 of 2011 -: 2 :- Since the parties have settled the matter out of court, it is just and proper that this petition is allowed. Hence, this Crl.M.C. is allowed. Further proceeding in Crime No.313 of 2011 of Hemambika Nagar Police Station, Palakkad District is quashed. N.K.BALAKRISHNAN, JUDGE. Jvt