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. 1120 of 2011() ---------------------------------- CRIME 49/2011 THAMARASSERY POLICE STATION -KOZHIKODE ........................... PETITIONERS/ACCUSED: ------------------------------------ 1. MOHAMMED ASHRAF, S/O. AHAMMEDKUTTY, CHETTIYANARAYIL, ANDONA, RAROTH VILLAGE, KOZHIKODE DISTRICT 2. UMMETHI, W/O. AHAMMEDKUTTY, CHETTIYANARAYIL ANDONA, RAROTH VILLAGE, KOZHIKODE DISTRICT 3. PATHUTTY, W/O. MOOSA, CHETTIYANARAYIL ANDONA, RAROTH VILLAGE, KOZHIKODE DISTRICT 4. SUHARA, W/O. AZEEZ, CHETTIYANARAYIL ANDONA, RAROTH VILLAGE, KOZHIKODE DISTRICT BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENTS/STATE AND COMPLAINANT: ---------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, 682 031 2. SUHARABI, D/O. MUHAMMED, PUTHUKUDI KUNNUMMAL CHUNDAPURAM, MANIPURAM PO, KODUVALLY, KOZHIKODE- 673 534 PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA ADV. SRI.NISHIL.P.S. FOR R2 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.1120 of 2011 --------------------------------------- Dated this 05th day of April, 2011 ORDER Petitioners are accused in Crime No.49 of 2011 of Thamarassery Police Station for offences punishable under Secs. 341, 323, 324 and 498A r/w Sec.34 of the Indian Penal Code. That case was registered on a complaint filed by the second respondent, wife of first petitioner. Now parties have settled the dispute among them and accordingly request that proceeding against petitioners may be quashed. I have heard learned counsel for petitioners, second respondent and the learned Public Prosecutor. 2. Learned counsel for petitioners and second respondent confirmed the settlement. The authenticity of Annexure-2, affidavit sworn by second respondent is confirmed by learned counsel for second respondent. Since the dispute is personal to and between petitioners and second respondent and that the dispute is settled I am inclined to think that the proceeding need not continue. Resultantly this criminal miscellaneous case is allowed. Crl.M.C.No.1120 of 2011 -: 2 :- The FIR in Crime No.49 of 2011 of Thamarassery Police Station and all proceeding pursuant thereto against petitioners are quashed. (THOMAS P JOSEPH, JUDGE) Sbna/-