IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 31ST JANUARY 2011 / 11TH MAGHA 1932 CRL.MC.NO. 4492 OF 2010() ------------------------------------------- CC.493/2007 OF JUDL.MAGISTRATE OF FIRST CLASS-II, ALUVA PETITIONER(S): ----------------------- 1. ABDUL HAMEED, S/O.ABDUL KHADER, CHALUNGAL HOUSE, NAD P.O., VIDAKUZHAKARA, THRIKKAKARA NORTH VILLAGE, ERNAKULAM REPRESENTED BY HIS POWER OF ATTORNEY HOLDER SRI.ABDUL KHADER. 2. LAILA, W/O.ABDUL KHADER, CHALUNGAL HOUSE NAD P.O., VIDAKUZHAKARA, THRIKKAKARA NORTH VILLAGE ERNAKULAM. BY ADV. SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU SRI.JAGAN GEORGE SRI.P.G.PRAMOD SRI.KANDAMPULLY RAHUL RESPONDENT(S): --------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. HAMNAZ, D/O.ABDUL AZEEZ, ALANGAPARAMBIL HOUSE, NOCHIMA KARA, ALUVA EAST VILLAGE, ALUVA. BY PUBLIC PROSECUTOR SHRI SABU SREEDHARAN ADV. SRI.M.M.ALIKUNJU FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.4492 of 2010 ==================================== Dated this the 31st day of January, 2011 O R D E R Petitioner are accused in crime No.584 of 2006 of Kalamassery police station and C.C. No.493 of 2007 of the court of learned Judicial First Class Magistrate-II, Aluva for offence punishable under Section 498A read with Section 34 of the Indian Penal Code. Petitioner No.1 is the husband of respondent No.2-de facto complainant and petitioner No.2 is the mother of petitioner No.1. Case is that petitioners subjected respondent No.2 to cruelty demanding more money and committed offence as alleged. Petitioners request for quashing proceedings against them on the strength of a settlement reached between them and respondent No.2. I have heard learned counsel for petitioners, respondent No.2 and the learned Public Prosecutor. 2. Annexure-A1 is the final report in Crime No.584 of 2006. Annexure-A2 is the copy of the agreement. Annexure-A3 is the copy of judgment in O.P. No.1210 of 2007 of Family Court, Ernakulam filed by respondent No.2 against petitioner No.1. It is seen that the said petition was disposed of as settled between the parties out of court. Annexure-A3 is the copy of compromise CRL.M.C. No.4492 of 2010 -: 2 :- petition filed by petitioner No.2 and respondent No.2 in O.P. No.1210 of 2007 referred to above. Respondent No.2 has filed an affidavit swearing that the matter has been settled between the parties. It is revealed form the affidavit and Annexure-A2 agreement that the dispute is settled between the parties. It is revealed that the dispute is purely personal to and between petitioner No.1 and respondent No.2. They having settled the dispute it is not necessary to proceed with the case. Hence I am inclined to allow the petition. Resultantly, Criminal Miscellaneous Case is allowed. Annexure-A1, final report in crime No.584 of 2006 of Kalamassery police station, cognizance taken thereon and proceedings in C.C.No.493 of 2007, of the court of learned Judicial First Class Magistrate-II, Aluva against petitioners are quashed. THOMAS P. JOSEPH, JUDGE. vsv