IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 29TH JUNE 2011 / 8TH ASHADHA 1933 Crl.MC.No. 1956 of 2011() --------------------- CRIME NO. 10/2010 OF EDAVANNA POLICE STATION, MALAPPURAM DISTRICT ................ PETITIONERS / ACCUSED : --------------------------------------- 1. JASMAL.K.B., S/O. BEERANKUTTY (LATE), KARANGODAN HOUSE, ONNAMPADI, PALEMAD.P.O., MALAPPURAM DISTRICT. 2. THYKANDI AYISHABI, W/O.BEERANKUTTY (LATE) KARANGODAN HOUSE, ONNAMPADI, PALEMAD.P.O., MALAPPURAM DISTRICT. 3. SHABEEB RAHMAN, S/O. BEERANKUTTY (LATE), KARANGODAN HOUSE, ONNAMPADI, PALEMAD.P.O., MALAPPURAM DISTRICT. 4. JASMIYA, D/O. BEERANKUTTY (LATE) KARANGODAN HOUSE, ONNAMPADI, PALEMAD.P.O., MALAPPURAM DISTRICT. BY ADV. SRI. P. VENUGOPAL RESPONDENTS / STATE & DEFACTO-COMPLAINANT : ------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (REPRESENTING SUB INSPECTOR OF POLICE, EDAVANNA, MALAPPURAM DISTRICT). 2. ASLA AGED 21 YEARS, D/O. YOOSAFALI PANANILATH HOUSE, KANDALAPPATTA KARAKUNNU.P.O., MANJERI, MALAPPURAM DISTRICT-676123. R1 BY PUBLIC PROSECUTOR SRI. V. MANU R2 BY ADV. SRI.K.P.MADHU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/- Crl.MC.No. 1956 of 2011() APPENDIX PETITIONER'S ANNEXURE'S ANNEXURE - A : COPY OF THE COMPLAINT PREFERRED BY THE SECOND RESPONDENT BEFORE THE CJM COURT, MANJERI AS C.M.P. NO. 1/2010. ANNEXURE - B : COPY OF THE FINAL REPORT SUBMITTED BY THE FIRST RESPONDENT IN CRIME NO. 10/2010 OF EDAVANNA POLICE STATION. ANNEXURE - C : COPY OF THE AGREEMENT DATED 17-6-2011 EXECUTED BETWEEN THE SECOND RESPONDENT AND THE FIRST PETITIONER (REPRESENTED BY HIS POWER OF ATTORNEY HOLDER) ANNEXURE - D : THE AFFIDAVIT EXECUTED BY THE SECOND RESPONDENT DATED 17-06-2011 RESPONDENT'S ANNEXURE'S - NIL //TRUE COPY// P.A. TO JUDGE Mn THOMAS P. JOSEPH, J. ---------------------------------------------- Crl. M.C No. 1956 OF 2011 ----------------------------------------------- DATED THIS THE 29th DAY OF JUNE, 2011 O R D E R Petitioners are accused in Crime No.10 of 2010 of Edavanna Police station and CC No.120 of 2010 of the Court of learned Chief Judicial Magistrate, Manjeri for offences punishable under Section 498A, 323, 406 read with 34 of IPC. The case is that petitioners subjected the 2nd respondent to cruelty, voluntarily caused hurt to her and misappropriated her ornaments and money. Petitioners say that they have settled the dispute with the 2nd respondent and request to quash proceedings. 2. I have heard learned counsel for petitioner, 2nd respondent and learned public prosecutor. Counsel for petitioner and 2nd respondent confirmed settlement and genuineness and authenticity of agreement executed between 1st petitioner and the 2nd respondent, a photocopy of which is marked Annexure-C. Counsel for the 2nd respondent has also confirmed genuineness and authenticity of Annexure-D affidavit of the 2nd respondent which is attested by a Notary public. It is seen that parties have settled all the disputes and accordingly, Crl. M.C No.1956/2011 -2- marriage of the 1st petitioner with the 2nd respondent was dissolved with effect from 01-12-2010. In view of the settlement, it is not necessary to continue the proceedings. Resultantly this Crl. M.C is allowed. The final report in Crime No.10 of 2010 of Edavanna Police station, cognizance taken thereon and proceeding against petitioners in CC No.120 of 2010 of the Court of learned Chief Judicial Magistrate are quashed. Sd/- THOMAS P. JOSEPH JUDGE AMG True copy P.A to Judge