IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 24TH JUNE 2011 / 3RD ASHADHA 1933 Crl.MC.No. 1903 of 2011() ------------------------------------- C.C.NO.318/2011 AND AGAINST THE SECOND PETITIONER AS LP.NO.127/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT-1, PARAPPANANGADI CRIME NO.353/2000 OF TANUR POLICE STATION .................... PETITIONER(S): ACCUSED 1 & 3 ------------------------------------------------ 1. ABOOBACKER,S/O.ABDU,KOMUNDATHIL HOUSE, MEENADATHUR,TANALUR,MALAPPURAM DISTRICT. 2. KHALID @ KUNHIPPA,S/O.ABDU,KOMUNDATHIL HOUSE,MEENADATHUR,TANALUR,MALAPPURAM DISTRICT. BY ADV. SRI.P.VENUGOPAL RESPONDENT(S): STATE & DEFACTO-COMPLAINANT ----------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM, (REPRESENTING SUB INSPECTOR OF POLICE,EDAKKARA MALAPPURAM DISTRICT). 2. SUHARA, AGED 38 YEARS,D/O.MARAKKAR, PILATHOTTATHIL HOUSE,THARAYIL,THALAKADATHUR.P.O, TIRUR,MALAPPURAM DISTRICT-676101. R1 BY PUBLIC PROSECUTOR SRI.JAYASURYA R2 BY ADV. SRI.M.REVIKRISHNAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts CRMC.NO.1903/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX A: COPY OF THE FINAL REPORT SUBMITTED BY THE FIRST RESPONDENT IN CRIME NO.353/2000 OF TANUR POLICE STATION. ANNEX B: COPY OF THE JUDGEMENT DATED 30/03/2007 PASSED BY THE JFCM COURT-1, PARAPPANANGADI IN C.C.NO.667/2001. ANNEX C: COPY OF THE AFFIDAVIT EXECUTED BY THE SECOND RESPONDENT DATED 06/06/2011. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A.TO.JUDGE sts THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.1903 of 2011 --------------------------------------- Dated this 24th day of June, 2011 ORDER Petitioners are accused 1 and 3 in Crime No.353 of 2000 of Tanur Police Station for offence punishable under Secs.498A r/w Sec.34 of the Indian Penal Code. Case was registered on the complaint of the second respondent. Case against first petitioner was taken on file by learned Judicial First Class Magistrate-I, Parappanangadi as C.C.No.318 of 2011. Since second petitioner was not available, case against him was split up and included in the L.P register as L.P.No.127 of 2009. Petitioners request to quash the said proceeding on the strength of a settlement reached with the second respondent. I have heard learned counsel on both sides and the learned Public Prosecutor. 2. Fourth accused faced trial and was acquitted as per Annexure-B, judgment since there was no material to implicate him. Petitioners are accused 1 and 3 (I am told that the second accused died during pendancy of the proceeding). Petitioners/accused 1 and 3 seek to quash proceeding against them on the strength of a settlement. Annexure-C is the affidavit of the second respondent attested by a Notary Public. In that Crl.M.C.No.1903 of 2011 -: 2 :- affidavit it is stated that the dispute is settled between petitioners and second respondent and that pursuant to that settlement second respondent is living with the first petitioner. In the circumstances I am inclined to order premature termination of the proceeding. Resultantly this criminal miscellaneous case is allowed. Final report in Crime No.353 of 2000 of Tanur Police Station against petitioners/accused 1 and 3 and proceeding against them in C.C.No.318 of 2011 and L.P.No.127 of 2009 of the Court of learned Judicial First Class Magistrate-1, Parappanangadi are quashed. (THOMAS P JOSEPH, JUDGE) Sbna/-