IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 30TH MARCH 2011 / 9TH CHAITHRA 1933 Crl.MC.No. 1025 of 2011() -------------------------------------- CC.NO.627/2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT II, THAMARASSERY .............. PETITIONER(S): ACCUSED AND COMPLAINANT: ------------------------------------------------------------------------- 1. MUHAMMED M.C., AGED 39 YEARS, S/O ALI, MELAKATH CHALIL, KUMARANELLOOR P.O., THADAPARAMBA, MUKKOM, KOZHIKODE. 2. SHERENA, AGED 29 YEARS, D/O. ABDULLA, RESIDING AT KARAKKUNNUMMAL, MANIPURAM P.O., KOZHIKODE DISTRICT. BY ADV. SRI.JACOB ABRAHAM RESPONDENT(S): RESPONDENT: -------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, MUKKOM POLICE STATION, KOZHIKODE. BY PUBLIC PROSECUTOR SRI. K.J.MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1025 of 2011 ==================================== Dated this the 30th day of March, 2011 O R D E R First petitioner is the first accused and second petitioner is the de facto complainant in Crime No.259 of 2010 of Mukkon Police Station and C.C. No.627 of the court of learned Judicial First Class Magistrate-II, Thamarassry for offences punishable under Sections 406 and 498A read with Section 34 of the Indian Penal Code. Petitioners say that they have settled the dispute among them. Annexure-3 is the affidavit of second petitioner sworn before an Advocate. Learned counsel for petitioners confirmed the settlement and authenticity of Annexure-3, affidavit. Learned counsel submits that pursuant to the settlement petitioners are living together as husband and wife. In the above circumstances I find it not necessary to continue the proceeding against first petitioner. 2. In ground 2 it is stated that the dispute between the second accused (who is not a party in this proceeding) and second petitioner is also settled. Learned counsel requests that case against the second accused may also be quashed. CRL.M.C. No.1025 of 2011 -: 2 :- Resultantly, Criminal Miscellaneous Case is allowed. Final report in Crime No.259 of 2010 of Mukkom Police Station, cognizance taken thereon and all proceeding in C.C. No.627 of 2010 of the court of learned Judicial First Class Magistrate-II, Thamareassry against first petitioner-first accused and second accused are quashed. THOMAS P. JOSEPH, JUDGE. vsv