IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 5TH APRIL 2011 / 15TH CHAITHRA 1933 Crl.MC.No. 1122 of 2011() ---------------------------------- CC.672/2009 OF JUDICIAL FIRST CLASS MAGISTRATE, PERINTHALMANNA .................... PETITIONER(S): ACCUSED -------------------------------------- 1. SHEREEF,S/O.MUHAMMED,PULIKKAL MUKKATH HOUSE,NEAR KOYAS,CHERUVANNUR,KOZHIKODE DISTRICT. 2. HAJIRA,W/O.SHEREEF,PULIKKAL MUKKATH HOUSE,NEAR KOYAS,CHERUVANNUR,KOZHIKODE DISTRICT. BY ADV. SRI.U.K.DEVIDAS RESPONDENT(S): COMPLAINANT & STATE --------------------------------------------------------------- 1. PATHUMMA,D/O.KOYAMU,THATTANTHODI HOUSE, AMBALAPADI,KOLATHUR.P.O,MALAPPURAM DISTRICT.679 338 2. STATE OF KERALA,REPRESENTED BY THE S.I.OF POLICE, KOLATHUR THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. ADV. SRI.PRINSUN PHILIP FOR R1 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SMT THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.1122 of 2011 --------------------------------------- Dated this 05th day of April, 2011 ORDER Petitioners are accused in Crime No.127 of 2009 of Kolathur Police Station and C.C.No.672 of 2009 of the Court of learned Judicial First Class Magistrate-I, Perinthalmanna for offence punishable under Sec.498A of the Indian Penal Code. Case was registered on a complaint preferred by the first respondent. Petitioners request the Court to quash proceeding on the strength of settlement reached with the first respondent. I have heard learned counsel for petitioner and the learned Public Prosecutor. 2. Annexure-D is the affidavit sworn by first respondent. Counsel for first respondent has confirmed authenticity of the said affidavit. It is revealed from the affidavit that dispute between petitioners and first respondent is settled amicably and that first respondent has no objection in quashing the proceeding against petitioners. Learned counsel for petitioners submits that first respondent is living with first petitioner as his wife. In the circumstance I am inclined to allow the request. Crl.M.C.No.1122 of 2011 -: 2 :- Resultantly this criminal miscellaneous case is allowed. Final report in Crime No.127 of 2009 of Kolathur Police Station and proceeding against petitioners in C.C.No.672 of 2009 of the Court of learned Judicial First Class Magistrate-I, Perinthalmanna are quashed. (THOMAS P JOSEPH, JUDGE) Sbna/-