IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 20TH JUNE 2011 / 30TH JYAISHTA 1933 Crl.MC.No. 1841 of 2011() ------------------------------ CC.1455/2009 of JUDL.MAGISTRATE OF FIRST CLASS-III, PUNALUR CRIME NO.79/2009 OF KUNNIKODE POLICE STATION, PUNALUR .................... PETITIONER(S): ACCUSED 1 & 2 -------------------------------------- 1. SAFARUDEEN,S/O.THANGALKUNJU,SALMANIA, KUNNIKODU MURI,VILAKKUDI VILLAGE,PATHANAPURAM TALUK,NOW R/AT CHARUVILA PUTHENVEEDU, PATHANAPURAM VILLAGE,PATHANAPURAM TALUK. 2. ABDUL SALAM,S/O.THANGALKUNJU, FAZALUDEEN MANZIL,MANKODU MURI,VAZHAPPARA, PATHANAPURAM VILLAGE,PATHANAPURAM TALUK. BY ADVS. SRI.C.RAJENDRAN SMT.R.S.SREEVIDYA RESPONDENT(S): DEFACTO COMPLAINANT/STATE ----------------------------------------------------------- 1. SUJITHMOL @ FATHIMA,D/O.NOOHUKANNU, SALMANIA, KUNNIKODU MURI,VILAKKUDI VILLAGE, PATHANAPURAM VILLAGE,PATHANAPURAM TALUK. 2. THE STATE OF KERALA,REP.BY THE SUB-INSPECTOR OF POLICE,PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. R1 BY ADV. SMT.BABY JOSE R2 BY PUBLIC PROSECUTOR SRI.JAYASURYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs CRMC. NO. 411/20111841/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A1:COPY OF THE FIR IN CRIME NO.79/2009 OF KUNNIKODU POLICE STATION. ANNEXURE A2:COPY OF THE FINAL REPORT IN CRIME NO.79/2009 OF KUNNIKODU POLICE STATION. ANNEXURE A2(a):COPY OF THE FINAL REPORT IN CRIME NO.79/2009 OF KUNNIMODU POLICE STATION. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A. TO JUDGE. svs THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.1841 of 2011 -------------------------------------- Dated this the 20th day of June, 2011. ORDER Public Prosecutor takes notice for second respondent. 2. Petitioners are accused 1 and 2 in Crime No.79 of 2009 of Kunnikode Police Station and C.C.No.1455 of 2009 of the court of learned Judicial First Class Magistrate-III, Punalur for offences punishable under Sections 494 and 498A read with Section 34 of the Indian Penal Code (for short, “the IPC”). The case was registered on a complaint preferred by the first respondent. She alleged that petitioners subjected her to cruelty demanding more ornaments and money and further, that first petitioner married another lady and started living with her at Malappuram and thereby, petitioners committed offences as aforesaid. Petitioners say that they have settled the matter with first respondent and hence request to quash proceeding against them on the strength of that settlement. I have heard learned counsel for petitioners, first respondent and the learned Public Prosecutor. 2. First respondent has filed an affidavit which is attested by her counsel where it is stated that parties have settled the dispute. There is also a compounding petition signed by petitioners, first respondent and their counsel which also states that parties have settled the dispute. Learned counsel for petitioners point out that since parties belonged to Muslim community, marrying a Crl.MCNo.1841/2011 2 second time during the life time of first wide does not amount to an offence under Section 494 of the IPC. Since the dispute is settled between parties, the settlement is confirmed by learned counsel on both sides and genuineness and authenticity of the affidavit and compounding petition are confirmed by them, I am inclined to allow the request. Resultantly this Criminal Miscellaneous Case is allowed. Final report in Crime No.79 of 2009 of Kunnikode Police Station, cognizance taken thereon and proceeding against petitioners in C.C.No.1455 of 2009 of the court of learned Judicial First Class Magistrate-III, Punalur are quashed. THOMAS P.JOSEPH, Judge. cks