IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 16TH FEBRUARY 2011 / 27TH MAGHA 1932 CRL.MC.NO. 396 OF 2011() ------------------------------------- (CRIME NO.9 OF 2011 OF ATHOLI POLICE STATION, KOZHIKODE) PETITIONER(S): ACCUSED 1 TO 6 ------------------------------------------------- 1. P.P.NOUSHAD,S/O.MOITHEEN,PUNATHIL PURAYIL VEEDU,KONGANNUR.P.O,ATHOLI(VIA), KOZHIKODE. 2. MARIVAN,W/O.MOYTHEEN,PUNATHIL PURAYIL VEEDU,KONGANNUR.P.O,ATHOLI(VIA)KOZHIKODE. 3. P.P.MUHAMMED,S/O.MOYTHEEN,PUNATHIL PURAYIL VEEDU,KONGANNUR.P.O,ATHOLI(VIA) KOZHIKODE. 4. ASEENA,W/O.MUHAMMED,PUNATHIL PURAYIL VEEDU,KONGANNUR.P.O,ATHOLI(VIA)KOZHIKODE. 5. K.K.ASHARAF,S/O.MOYTHEEN KOYA, KUYILAKKANDI HOUSE,P.O.ORAVIL,ULLYERI,KOZHIKODE. 6. SAITHALAVI,NANTHANATH THAZATH HOUSE, P.O.KOMMERI,VALAYANAD AMSOM DESOM,KOZHIKODE. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): COMPLAINANT & STATE -------------------------------------------------------------- 1. P.SAJITHA,D/O.IMBICHI MAMMAD,PUNATHIL PURAYIL VEEDU,KONGANNUR.P.O,ATHOLI(VIA), KOZHIKODE-673315. 2. STATE OF KERALA,REP.BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. ADV. SRI.SAKIR.K.H. FOR R1 BY PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.396 of 2011 ==================================== Dated this the 16th day of February, 2011 O R D E R Petitioners are accused in Crime No.9 of 2011 of Atholi police station for offences punishable under Sections 498A, 406 and 420 read with Section 34 of the Indian Penal Code. Case was registered on a complaint preferred by the first respondent, wife of first petitioner alleging that petitioners subjected her to cruelty demanding more ornaments and money and that petitioners misappropriated her ornaments and money. Petitioners seek to quash proceeding on the strength of a settlement reached with the first respondent. I have heard learned counsel for petitioners, first respondent and the learned Public Prosecutor. Learned counsel for first respondent has confirmed the settlement as well as the authenticity of the affidavit sworn by her. Learned Public Prosecutor after getting instructions in the matter also confirmed settlement between the parties. 2. Essentially the dispute is between the parties in their family and that has been settled amicably. Hence there is no possibility of a successful culmination of the prosecution. In the CRL.M.C. No.396 of 2011 -: 2 :- circumstances I am inclined to allow the petition. Resultantly, Criminal Miscellaneous Case is allowed. Annexure-A, FIR in Crime No.9 of 2011 of Atholi police station and proceeding taken pursuant thereto against petitioners are quashed. THOMAS P. JOSEPH, JUDGE. vsv