IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 4TH FEBRUARY 2011 / 15TH MAGHA 1932 Crl.MC.No. 329 of 2011() ------------------------ CC.442/2010 of JUDICIAL FIRST CLASS MAGISTRATE COURT-II, PALAKKAD CRIME NO.144/2010 OF KONGAD POLICESTATION .................... PETITIONER(S): ACCUSED ---------------------- 1. ASHRAF,S/O.LATE MUHAMMED RAWTHER, CHADANAMKURISSI,PALAKKAD. 2. JAMEELA, CHADANAMKURISSI,PALAKKAD. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): COMPLAINANTS -------------------------- 1. ASMABI,D/O.LATE ALI,AGD 36, THAZHATHETHIL HOUSE,TADUKKASSERI.P.O, KERLASSERI,PALAKKAD. 2. STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. ADV. SMT.PREETHY R. NAIR FOR R1 PUBLIC PROSECUTOR SHRI K.J.MOHAMMED ANZAR FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.329 of 2011 -------------------------------------- Dated this the 4th day of February, 2011. ORDER Petitioners are accused in Crime No.144 of 2010 of Kongad Police Station and C.C.No.442 of 2010 of the court of learned Judicial First Class Magistrate-II, Palakkad for offences punishable under Sections 323, 506(ii) and 498A read with Section 34 of the Indian Penal Code. That case was registered on a complaint filed by respondent No.1 which was forwarded to the Police for investigation under Section 156(3) of the Code of Criminal procedure. After investigation Police submitted final report for offences as alleged. Learned Magistrate took cognizance and filed C.C.No.442 of 2010. Petitioners seek to quash proceedings against them on the strength of a settlement reached between them and respondent No.1. 2. I have heard learned counsel for petitioners, respondent No.1 and the learned Public Prosecutor. Learned Public Prosecutor has confirmed fact of settlement reached between the parties. 3. It is seen from the joint petition signed by the parties and their counsel that parties have settled their dispute outside the court. It is stated that respondent No.1 is now living with petitioner No.1. Now that the dispute which is Crl.MC.No.329/2011 2 purely personal to and between the parties is settled outside court it is not necessary to proceed with the proceedings. Hence I am inclined to allow this petition. Resultantly this petition is allowed. The final report in Crime No.144 of 2010 of Kongod Police Station, cognizance taken thereon and all proceedings in C.C.No.442 of 2010 of the court of learned Judicial First Class Magistrate-II, Palakkad against petitioners are quashed. THOMAS P.JOSEPH, Judge. cks