IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 7TH JUNE 2011 / 17TH JYAISHTA 1933 Crl.MC.No. 1645 of 2011() ------------------------------------- CC.529/2010 OF CHIEF JUDICIAL MAGISTRATE COURT, KASARAGOD. CRIME NO.106/2009 OF KASARAGOD POLICE STATION. .................... PETITIONER/ACCUSED ---------------------------------- 1. RIYAS B.A., AGED 35 YEARS, A1 S/O. ABDUL RAHIMAN, AYSHAS HOUSE, ADKATHBAIL, KASARAGOD TALUK AND DISTRICT. 2. WAHIDA, AGED 37 YEARS, A3 W/O. HASSAINAR, BAITHUL BILLA HOUSE, GUDDE TEMPLE ROAD, ADKATHBAIL, KASARAGOD TALUK AND DISTRICT. 3. HASSAINAR, AGED 44 YEARS, A4 BAITHUL BILLA HOUSE, GUDDE TEMPLE ROAD, ADKATHBAIL, KASARAGOD TALUK AND DISTRICT. BY ADV. SRI.T.B.SHAJIMON RESPONDENTS/RESPONDENTS/COMPLAINANT/STATE --------------------------------------------------------------------------------- 1. T.S. SHAZIYA, AGED 29 YEARS, D/O. MOHAMMED SHAFI, SHAFEEQUE HOUSE, KELUGUDDE ROAD, ADKATHBAIL, 675 051 KASARAGOD TALUK AND DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. R2 BY PUBLIC PROSECUTOR MR.K.J. MOHAMMED ANZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.1645 of 2011 -------------------------------------- Dated this the 7th day of June, 2011. ORDER Petitioners are accused 1, 3 and 4 in Crime No.106 of 2009 of Kasaragod Police Station and C.C.No.529 of 2010 of the court of learned Chief Judicial Magistrate, Kasaragod for offences punishable under Section 498A read with Section 34 of the Indian Penal Code. That case was registered on a complaint preferred by the first respondent, wife of first petitioner. Petitioners say that they have settled the case with the first respondent. I have heard learned counsel for petitioners, first respondent and the learned Public Prosecutor. 2. Learned counsel for petitioner has submitted that the second accused is no more. Petitioners and first respondent have filed a joint compromise application signed by themselves and their respective counsel wherein it is stated that the dispute between them is settled. Learned counsel for petitioners and second respondent have confirmed the settlement and authenticity and genuineness of the compromise application signed by the parties. 3. Since the dispute is purely personal to and between first petitioner and first respondent, that the dispute is settled and the first respondent is staying with the first petitioner with their children, it is not necessary to continue the proceeding. Hence I am inclined to allow the request. Crl.MC No.1645 of 2011 2 Resultantly Criminal Miscellaneous Case is allowed. Final report in Crime 106 of 2009 of Kasaragod Police Station, cognizance taken thereon and proceeding against petitioners/accused 1, 3 and 4 in C.C.No.529 of 2010 of the court of learned Chief Judicial Magistrate, Kasaragod are quashed. THOMAS P.JOSEPH, Judge. cks