IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 7TH FEBRUARY 2011 / 18TH MAGHA 1932 Crl.MC.No. 370 of 2011() ------------------------ CC.300/2010 of JUDL. FIRST CLASS MAGISTRATE'S COURT, KUNNAMANGALAM .................... PETITIONER(S): ACCUSED & DEFACTO COMPLAINANT: ----------------------------------------------------------------------------------- 1. MUHAMMED GHAISE ,S/O.ABDULLA KOYA, CHELIKKARA HOUSE,VELLIPARAMBA , KUTTIKKATOOR,KOZHIKODE DISTRICT. 2. ABDULLA KOYA, AGED 70 YEARS, CHELIKKARA HOUSE,VELLIPARAMBA , KUTTIKKATOOR,KOZHIKODE DISTRICT. 3. KUNHAMINA,AGED 55 YEARS, W/O.ABDULLA KOYA, CHELIKKARA HOUSE,VELLIPARAMBA , KUTTIKKATOOR,KOZHIKODE DISTRICT. 4. AHAD, S/O. ABDULLA KOYA, CHELIKKARA HOUSE,VELLIPARAMBA , KUTTIKKATOOR,KOZHIKODE DISTRICT. 5. UNAISATH, D/O. ABDULLA KOYA, CHELIKKARA HOUSE,VELLIPARAMBA , KUTTIKKATOOR,KOZHIKODE DISTRICT. 6. FABINA, D/O.SEETHI,”THAKHWA”, KULANGARA PADAM PO, FAROOK COLLEGE,KOZHIKODE DISTRICT. BY ADV. SRI.M.MUHAMMED SHAFI RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SMT. M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.370 of 2011 --------------------------------------- Dated this 07th day of February, 2011 ORDER Petitioner Nos.1 to 5 are accused in Crime No.621 of 2009 of Medical College Police Station, Kozhikode and C.C.No.300 of 2010 of the court of learned Judicial First Class Magistrate, Kunnamangalam for offences punishable under Sec.498A of the Indian Penal Code. The 6th petitioner is the de facto complainant. It is alleged that petitioner Nos.1 to 5 subjected the 6th petitioner/de facto complainant to cruelty demanding more ornaments and money. Annexure-AI is the FIR registered on the strength of the private complaint forwarded to the police for investigation under Sec.156(3) of the Code of Criminal Procedure. Petitioners seek to quash proceedings against them on the strength of a settlement reached between them. Annexure-A2 is the affidavit filed by 6th petitioner/de facto complainant. I have heard learned counsel for petitioners and learned Public Prosecutor. 2. It is seen from Annexure-A2, affidavit of the 6th petitioner that the dispute has settled between them. The de facto complainant has joined the petition seeking to quash proceeding against petitioner Nos.1 to 5. In the light of the Crl.M.C.No.370 of 2011 -: 2 :- settlement reached and since there is no possibility of a successful prosecution I am inclined to allow the petition. Resultantly this criminal miscellaneous case is allowed. Final report in Crime No.621 of 2009 of Medical College Police Station, Kozhikode, cognizance taken thereon and proceeding in C.C.No.300 of 2010 of the court of learned Judicial First Class Magistrate, Kunnamangalam concerning petitioner Nos.1 to 5 are quashed. (THOMAS P JOSEPH, JUDGE) Sbna/-