IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 21ST JUNE 2011 / 31ST JYAISHTA 1933 Crl.MC.No. 1845 of 2011() ----------------------------------- CC.3103/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT, IRINJALAKUDA .................... PETITIONER(S): ACCUSED -------------------------------------- 1. SIYAD, S/O. HUSSAIN THYVALAPPIL HOUSE, OOLAKKADU DESOM, IRINJALAKUDA VILLAGE, MUKUNDAPURAM TALUK. 2. SUHARA, W/O. HUSSAIN, THYVALAPPIL HOUSE, OOLAKKADU DESOM, IRINJALAKUDA VILLAGE, MUKUNDAPURAM TALUK. BY ADV. SRI.V.BINOY RAM RESPONDENT(S): COMPLAINANT/DEFACTO COMPLAINANT --------------------------------------------------------------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031 2. HASHEERA, D/O. ABDUL JABBAR, APPOZHAMPARAMBIL HOUSE, SREENARAYANAPURAM DESOM, VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT. R1 BY PUBLIC PROSECUTOR SRI.JAYASURYA. R2 BY ADV. SRI.M.K.RANJIT THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss CRMC. NO.1845/2011 APPENDIX PETITIONER'S ANNEXURES A1:- COPY OF THE F.I.R. IN CC. NO.3103/2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, IRINJALAKUDA. A2:- COPY OF THE CHARGE SHEET IN CC. 3103/2008 JUDICIAL FIRST CLASS MAGISTRATE COURT, IRINJALAKUDA. A3:- COPY OF THE COMPROMISE PETITION IN OP.1115/2010 OF THE FILE OF FAMILY COURT, THRISSUR, A4:- COPY OF THE STATEMENT FILED BY THE 2ND RESPONDENT IN OP.1115/2010 ON THE FILE OF FAMILY COURT, THRISSUR. A5:- COPY OF THE AFFIDAVIT ISSUED BY THE 2ND RESPONDENT. TRUE COPY P.A. TO JUDGE tss THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.1845 of 2011 -------------------------------------- Dated this the 21st day of June, 2011. ORDER Petitioners are accused in Crime No.687 of 2010 of Irinjalakuda Police Station and C.C.No.3103 of 2010 of the court of learned Judicial First Class Magistrate, Irinjalakuda for offence punishable under Section 498A read with Section 34 of the Indian Penal Code. That case was registered on a complaint preferred by the second respondent. Parties have settled the dispute. Petitioners request to quash proceeding against them on the strength of a settlement reached with the second respondent. I have heard learned counsel for petitioners, second respondent and the learned Public Prosecutor. 2. Learned counsel submitted that other cases between the parties are also settled as revealed from Annexures-3 and 4. Annexure-5 is the affidavit of the second respondent stating that the dispute is settled between herself and petitioners and that first petitioner and second respondent are living together. Learned counsel for second respondent confirmed authenticity and genuineness of Annexure-5, affidavit of second respondent. In the circumstance it is not necessary to pursue the prosecution. Hence I am inclined to allow the request. Resultantly this Criminal Miscellaneous Case is allowed. Final report in Crime No.No.687 of 2010 of Irinjalakuda Police Station, cognizance taken Crl.MC No.1845/2011 2 thereon and proceeding against petitioners in C.C.No.3103 of 2010 of the court of learned Judicial First Class Magistrate, Irinjalakuda are quashed. THOMAS P.JOSEPH, Judge. cks