IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 12TH APRIL 2011 / 22ND CHAITHRA 1933 Crl.MC.No. 1250 of 2011() ------------------------- CC.928/2007 of CHIEF JUDICIAL MAGISTRATE, KASARAGOD CRIME NO.729/2007 OF KASARAGOD POLICESTATION .................... PETITIONER(S): ACCUSED 1 TO 3 ----------------------------- 1. SHAMEER.B.M., AGED 33 YEARS, S/O. ISMAIL.B.M., MANAL HOUSE, CHEMNAD VILLAGE, KASARGOD. 2. AMINA, AGED 54 YEARS, W/O. ISMAIL, B.M.MANAL HOUSE, CHEMNAD VILLAGE, KASARAGOD. 3. SHAHINA, AGED 28 YEARS, D/O. ISMAIL.B.M., MANAL HOUSE, CHEMNAD VILLAGE, KASARGOD. BY ADV. SRI.S.JIJI RESPONDENT(S): STATE,DEFACTO COMPLAINANT ---------------------------------------- 1. STATE OF KERALA, REPRESENTING S.I. OF POLICE, KASARGOD POLICE STATION, KASARGOD, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. M.UNAISA, AGED 25 YEARS, D/O. MOIDEEN KUTTY, JILANI NAGAR,OLAYATHADKAM, KUDLU VILLAGE, KASARGOD TALUK AND DISTRICT-671234. SMT.LISHA.M.G. FOR R2 PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA FOR R1 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.1250 of 2011 --------------------------------------- Dated this 12th day of April, 2011 ORDER Petitioners are accused 1 to 3 in Crime No.729 of 2007 of Kasaragod Police Station and C.C.No.928 of 2007 of the Court of learned Chief Judicial Magistrate, Kasaragod for offence punishable under Sec.498A r/w Sec.34 of the Indian Penal Code. Petitioners request this Court 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 learned Public Prosecutor. 2. Learned counsel on both sides confirmed the settlement. As per the settlement, first petitioner and second respondent have agreed to part ways. Annexure-A2 is the photocopy of an agreement executed between first petitioner and second respondent settling the terms and conditions of the settlement. Annexure-A3 is the joint petition filed by petitioners and second respondent in this Court. Annexure-A4 is the affidavit sworn by the second respondent. Learned counsel on both sides have confirmed authenticity of Annexures-A2 to A4, signed by their respective Crl.M.C.No.1250/2011 2 parties. Annexures-A2 to A4 show that the dispute between parties is settled. In view of that settlement I am inclined to think that it is not necessary to continue the proceeding. Resultantly this criminal miscellaneous case is allowed. Final report in Crime No.729 of 2007 of Kasaragod Police Station, cognizance taken thereon and proceeding in C.C.No.928 of 2007 of the Court of learned Chief Judicial Magistrate, Kasargod against petitioners/accused 1 to 3 are quashed. (THOMAS P JOSEPH, JUDGE) Sbna/-