IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 11TH MARCH 2011 / 20TH PHALGUNA 1932 Crl.MC.No. 781 of 2011() ------------------------ CC.76/2009 of JUDL. FIRST CLASS MAGISTRATE'S COURT V, KOZHIKODE .................... PETITIONER(S): ACCUSED & DEFACTO COMPLAINANT: ----------------------------------------------------------------------------------- 1. SUDHEER,S/O.MOIDEEN KOYA, RAHNA MANZIL,ARAMULADAN VAYAL, MODERN BAZAR, CHERUVANNUR,KOZHIKODE DISTRICT. 2. MOIDEEN KOYA, AGED 61 YEARS, RAHNA MANZIL,ARAMULADAN VAYAL, MODERN BAZAR, CHERUVANNUR,KOZHIKODE DISTRICT. 3. NABEESA, AGED 56 YEARS, W/O.MOIDEEN KOYA, RAHNA MANZIL, ARAMULADAN VAYAL,MODERN BAZAR, CHERUVANNUR,KOZHIKODE DISTRICT. 4. FASILA, W/O.SUDHEER, N.P.HOUSE, EDAVANAPPARAMB,ULISSERYKKUNNU, AREEKKAD, NALLALAM, KOZHIKODE DISTRICT. BY ADV. SRI.M.MUHAMMED SHAFI RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. K.J.MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.781 of 2011 -------------------------------------- Dated this the 11th day of March, 2011. ORDER Petitioners 1 to 3 are the accused and petitioner No.4 is the defacto complainant in Crime No.322 of 2008 of Nallalam Police Station and C.C.No.76 of 2009 of the court of learned Judicial First Class Magistrate-V, Kozhikode for offences punishable under Sections 498A and 406 read with Section 34 of the Indian Penal Code. Case is that petitioners 1 to 3 subjected petitioner No.4 to cruelty demanding more ornaments and misappropriated her ornaments. Now parties have reached a settlement and accordingly it is requested that proceeding against petitioners 1 to 3 may be quashed. Annexure-A2 is the affidavit of petitioner No.4. I have heard learned counsel for petitioners and the learned Public Prosecutor. 2. Learned counsel for petitioners has confirmed the settlement and authenticity of Annexure-A2, affidavit of petitioner No.4. She has also joined the petition to quash proceedings against petitioners 1 to 3. Since the dispute which is purely personal is settled between the parties it is not necessary to continue the prosecution. Hence I am inclined to allow the request. Resultantly this petition is allowed. The final report in Crime No.322 of 2008 of Nallalam Police Station, cognizance taken thereon and all proceeding Crl.MC No.781/2011 2 against petitioners 1 to 3/accused in C.C.No.76 of 2009 of the court of learned Judicial First Class Magistrate-V, Kozhikode are quashed. THOMAS P.JOSEPH, Judge. cks