IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 9TH JUNE 2011 / 19TH JYAISHTA 1933 Crl.MC.No. 1695 of 2011() -------------------- CRIME NO. 607/2010 OF KOCHI CUSBA POLICE STATION ..................... PETITIONERS / ACCUSED 1, 2 AND 4 : ------------------------------------------------------ 1. MOHAMED RAUF, AGED 35 YRS, S/O.M.H.ABDUL KHADER, CC 20/1721, KOOTTUNKAL HOUSE, EAST PATTALATH ROAD, PALLURUTHY, KOCHI - 6. 2. SELMA, AGED 65 YEARS, W/O. .M.H.ABDUL KHADER, CC 20/1721, KOOTTUNKAL HOUSE, EAST PATTALATH ROAD, PALLURUTHY, KOCHI - 6. 3. MOHAMED RAFEEK, AGED 39 YEARS, S/O. M.H.ABDUL KHADER, CC 20/1721, KOOTTUNKAL HOUSE, EAST PATTALATH ROAD, PALLURUTHY, KOCHI - 6. BY ADV. SRI.ASHIK K. MOHAMMED ALI RESPONDENTS / STATE AND DEFACTO COMPLAINANT : ---------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (REPRESENTING THE SUB INSPECTOR OF POLICE, KOCHI CUSBA POLICE STATION, ERNAKULAM DISTRICT) 2. BEEMA, AGED 29 YEARS, D/O. ALI AKBAR, VALIYAPURAYIDAM, LAJANATH WARD, ALAPPUZHA DISTRICT. R1 BY PUBLIC PROSECUTOR SRI. K.J. MOHAMED ANZAR R2 BY ADV. SRI.NAVEEN THOMAS THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1695 of 2011 ==================================== Dated this the 09th day of June, 2011 O R D E R Petitioners, I am told are accused 1, 2 and 4 in Crime No.607 of 2010 of Kochi Cusba Police Station and C.C. No.915 of 2010 of the court of learned Judicial First Class Magistrate-II, Kochi for offence punishable under Sections 498A read with Section 34 of the Indian Penal Code. Petitioners claimed to have settled the dispute with the second respondent at whose instance case was registered. Learned counsel requested that proceeding against petitioners may be quashed. Learned counsel submitted that third accused died during the crime stage. I have heard learned counsel for petitioners, second respondent and the learned Public Prosecutor. 2. Annexure-A2 is the affidavit sworn by the second respondent which is attested by counsel for second respondent. Learned counsel for second respondent has also confirmed authenticity and genuineness of Annexure-A2, affidavit. It is revealed that the dispute is settled between parties and that second respondent has no objection in quashing proceeding against petitioners. Hence I am inclined to allow the petition. CRL.M.C. No.1695 of 2011 -: 2 :- Resultantly, Criminal Miscellaneous Case is allowed. Annexure-A1, final report in Crime No.607 of 2010 of Kochi Cusba Police station, cognizance taken thereon and proceeding against petitioners in C.C. No.915 of 2010 of the court of learned Judicial First Class Magistrate-II, Kochi are quashed. THOMAS P. JOSEPH, JUDGE. vsv