IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 23RD SEPTEMBER 2011 / 1ST ASWINA 1933 Crl.MC.No. 3234 of 2011() ------------------------- CC.548/2009 OF JUDL.MAGISTRATE OF FIRST CLASS-I, HOSDRUG CRIME NO.1/2009 OF CHANDERA POLICE STATION, .................... PETITIONERS/ACCUSED ----------------------------------- 1. ZAMAN KALLILEPARAMB NINGILERI, S/O.MAHMOOD,AGED 38 YEARS,RESIDING AT SHAMAS, VETTUMMAL,KATHIRUR.P.O,KANNUR DISTRICT. 2. MAHMOOD.K.N,AGED 57 YEARS,S/O.MAYIN, RESIDING AT SHAMAS VETTUMMAL,KATHIRUR.P.O, KANNUR DISTRICT. 3. KHADEEJA.K.N,W/O.MAHMOOD,AGED 54 YEARS, RESIDING AT SHAMAS,VETTUMMAL,KATHIRUR.P.O, KANNUR DISTRICT. BY ADV. SRI.T.MADHU RESPONDENT(S)/STATE ----------------------------------- 1. THE STATE OF KERALA THROUGH THE STATION HOUSE OFFICER,CHANDERA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. ZAINABI ASSURUMADE MADAPPURAM, D/O.SHAHUL HAMEED.E.K,AGED 25 YEARS,PAYYANKI, P.O.KAITHAKKAD,HOSDURG TALUK,KASARAGOD DISTRICT, PIN-671313. R1 BY PUBLIC PROSECUTOR SRI.JAISURYA R2 BY ADV. SMT.SHAMSEERA. C.ASHRAF THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 3234 of 2011() ------------------------------------- APPENDIX -------------- PETITIONER'S EXHIBITS ----------------------------------- ANNEXURE A1. COPY OF THE PETITION IN CMP NO.5867/2008 ON THE FILE OF THE LEARNED JUDICIAL FIRST CLASS MAGISTRATE'S COURT-I, HOSDURG. ANNEXURE A2. COPY OF THE FIR IN CRIME NO.1/2009 OF CHANDERA POLICE STATION. ANNEXURE A3. COPY OF THE FINAL REPORT IN CRIME NO.1/2009 OF CHANDERA POLICE STATION. ANNEXURE A4. COPY OF THE AFFIDAVIT DATED 14.9.2011 SWORN IN BY THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS : NIL ------------------------------------- / TRUE COPY / P.A. TO JUDGE VK N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3234 of 2011 ----------------------------------- Dated this the 23rd day of September 2011 O R D E R Petitioners are the accused in C.C.No.548/2009 of Judicial First Class Magistrate-I, Hosdurg. The offence alleged against them is under Sec.498A r/w Sec.34 IPC. The 2nd respondent is the de facto complainant therein. She is represented by her counsel. An affidavit is seen filed by the de facto complainant stating that the dispute has already been settled amicably at the instance of the mediators and so she does not want to prosecute the case (C.C.No.548/2009). Since it is only a family dispute, this Court has to invoke the jurisdiction under Sec.486 Cr.P.C. to quash the said proceeding. In the light of the submissions made by the counsel appearing for both sides, this Crl.M.C. is allowed. Further proceeding in C.C.No.548/2009 on the file of Judicial First Class Magistrate Court-I, Hosdurg is quashed. N.K.BALAKRISHNAN, J UDGE. Jvt