IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 3RD FEBRUARY 2011 / 14TH MAGHA 1932 Crl.MC.No. 235 of 2011() ---------------------------------- CRIME NO.778/2010 OF KUMBALA POLICE STATION, KASARAGOD. ................. PETITIONERS/ACCUSED 1 TO 4 --------------------------------------------- 1. LATHEEF, AGED 28 YEARS, S/O.MOHAMMED, PALLANGOD HOUSE, MADHUR VILLAGE AND POST, KASARAGOD TALUK AND DISTRICT. 2. MOHAMMED, AGED 50 YEARS, S/O.KUNHALI, PALLANGOD HOUSE, MADHUR VILLAGE AND POST, KASARAGOD TALUK AND DISTRICT. 3. NABEESA, AGED 45 YEARS, W/O.MOHAMMED, PALLANGOD HOUSE, MADHUR VILLAGE AND POST, KASARAGOD TALUK AND DISTRICT. 4. FOUSIYA, AGED 22 YEARS, D/O.MOHAMMED, PALLANGOD HOUSE, MADHUR VILLAGE AND POST, KASARAGOD TALUK AND DISTRICT. BY ADV. SRI.S.JIJI RESPONDENTS/DEFACTO COMPLAINANT AND STATE ------------------------------------------------------------------------------ 1. HAJIRA, AGED 22 YEARS, D/O.YOUSUF, BALAKKAD HOUSE, BAMBRANA VILLAGE AND POST, KASARAGOD TALUK AND DISTRICT. 2. STATE OF KERALA, REPRESENTING S.I. OF POLICE, KUMBALA POLICE STATION, KASARAGOD, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR.K.J. MOHAMMED ANZAR. R1 BY ADV. SMT.LISHA.M.G. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.235 of 2011 --------------------------------------- Dated this 03rd day of February, 2011 ORDER Petitioners are accused in Crime No.778 of 2010 of Kumbala Police Station for offences punishable under Sec. 232, 498A r/w Sec.34 of the Penal Code. First petitioner is husband of the first respondent. Petitioner Nos.2 and 3 are parents and third petitioner is the sister of first petitioner. It is alleged, they subjected the de facto complainant to cruelty demanding more ornaments and money and voluntarily caused hurt to her in furtherance of their common intention. This petition is filed seeking the proceedings to be quashed based on the settlement reached between first petitioner and respondent No.1. I have heard learned counsel for petitioners, respondent No.1 and learned Public Prosecutor. Learned Public Prosecutor has confirmed the fact of settlement after getting instruction. 2. Annexure-A3 is the affidavit sworn by the first respondent where it is stated that the matter has been settled between first petitioner and respondent No.1. Annexure-A4 is the joint statement signed by petitioners, respondent Nos.1 and her parents. It is stated in Annexures-A3 and A4 that the matter is settled. Since the matter is settled between the parties, Crl.M.C.No.235 of 2011 -: 2 :- offence committed is purely personal to and between petitioners and respondent No.1, there is no possibility of a successful completion for prosecution. Hence I am inclined to allow the petition. Resultantly this criminal miscellaneous case is allowed. Annexure-A1, final report in Crime No.778 of 2010 of Kumbala Police Station and all proceedings arising thereto against petitioners will stand quashed. (THOMAS P JOSEPH, JUDGE) Sbna/- /True Copy/ P. A to Judge