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. 1198 of 2011() ------------------------- CC.113/2011 of JUDICIAL FIRST CLASS MAGISTRATE, KOTHAMANGALAM C RIME NO.304/2010 OF POTHANIKADU POLICESTATION .................... PETITIONER(S): ACCUSED NOS.1 TO 5 --------------------------------- 1. SHAMSUDHEEN, AGED 31 YEARS, S/O.ABUBACKER, MANICKAL HOUSE, PIDAVOOR KARA, POTHANIKKADU VILLAGE, PALLARIMANGALAM P.O., KAVUMPADY, POTHANIKADU, ERNAKULAM DISTRICT. 2. RAZIYA, AGED 39 YEARS, W/O.MUSTHAFA, MUNDAKKAL HOUSE, NELLIKUZHY KARA, IRAMALLOOR VILLAGE, KOTHAMANGALAM, ERNAKULAM DISTRICT. 3. PATHU, AGED 41 YEARS, W/O.MAJEED, PUKKUNNEL HOUSE, PIDAVOOR KARA, VARAPETTY VILLAGE, KOTHAMANGALAM, ERNAKULAM DISTRICT. 4. RABIYA, AGED 37 YEARS, W/O.SALIM, PARAKKAUDY HOUSE, KARAKUNNAM KARA, KOTHAMANGALAM VILLAGE, ERNAKULAM DISTRICT. 5. SUBI, AGED 33 YEARS, W/O.ISMAIL, KACHUNGAL HOUSE, UDAMBANNOOR KARA, UDAMBANNOOR VILLAGE, KOTHAMANGALAM, ERNAKULAM DISTRICT. BY ADV. SRI.P.FAZIL SMT.JAYASREE MANOJ SRI.SREEJITH V.S. SRI.K.SUNIL RESPONDENT(S): COMPLAINANT/DEFACTO COMPLAINANT ---------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PORSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE SUB INSPECTOR OF POLICE, POTHANIKAD POLICE STATION. 2. NAFEESA @ NAUFI, AGED 22 YEARS, D/O.AISHA, KALLIL HOUSE, VELLIYODU P.O., KALLACHI, KOZHIKODE DISTRICT-670714. ADV. SRI.VINOD VALLIKAPPAN 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.1198 of 2011 --------------------------------------- Dated this 12th day of April, 2011 ORDER Petitioners are accused 1 to 5 in Crime No.304 of 2010 of Pothanikadu Police Station and C.C.No.113 of 2011 of the Court of learned Judicial First Class Magistrate, Kothamangalam for offences punishable under Secs.406 and 498A r/w Sec.34 of the Indian Penal Code. It is alleged that petitioners subjected the second respondent, wife of first petitioner to cruelty demanding more ornaments and misappropriated her ornaments and money. Petitioners request the Court to quash proceeding 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. Learned counsel on both sides confirmed the settlement. Learned counsel for second respondent has confirmed authenticity of affidavit sworn by second respondent on 07.04.2011 where it is stated that she has settled the dispute with petitioners and that herself and first petitioner are living together at her paternal home. 2. Since the dispute is purely personal to and between Crl.MC No.1198/2011 2 parties and first petitioner and second respondent are living together, it is not necessary to continue prosecution. I am inclined to allow the petition. Resultantly this criminal miscellaneous case is allowed. Final report in Crime No.304 of 2010 of Pothanikadu Police Station, cognizance taken thereon and proceeding in C.C.No.113 of 2011 of the Court of learned Judicial First Class Magistrate, Kothamangalam against petitioners are quashed. (THOMAS P JOSEPH, JUDGE) Sbna/-