IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 2ND JUNE 2011 / 12TH JYAISHTA 1933 Crl.MC.No. 1605 of 2011() ------------------------- CC.1155/2010 of JUDICIAL FIRST CLASS MAGISTRATE COURT, VADAKARA .................... PETITIONER(S): ACCUSED: ----------------------------------------- 1. K.K. ASHRAF, AGED 34 YEARS, S/O. MAMMU, KIZHAKKETHAZHAMKUNI,VILLIAPPALLY.P.O. 2. MAMMU, KIZHAKKETHAZHAMKUNI,VILLIAPPALLY.P.O. 3. MARIYAM, W/O. MAMMU, KIZHAKKETHAZHAMKUNI,VILLIAPPALLY.P.O. 4. NAZEER, S/O. MAMMU, KIZHAKKETHAZHAMKUNI,VILLIAPPALLY.P.O. 5. NAZEEMA, D/O. MAMMU, KIZHAKKETHAZHAMKUNI,VILLIAPPALLY.P.O. BY ADV. SRI.V.V.SURESH RESPONDENT(S): STATE & DEFACTO COMPLAINANT: --------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTGED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO. 85 OF 2010 OF VADAKARA POLICE STATION), - 682 032. 2. AYISHA, AGED 28 YEARS, D/O. MUSTHAFFA, EDAYATH MEETHAL HOUSE, CHORODU.P.O, VADAKARA - 671 101. R1 BY PUBLIC PROSECUTOR SRI. MANU R2 BY ADV. SRI.C.BHASKARAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1605 of 2011 ==================================== Dated this the 02nd day of June, 2011 O R D E R Petitioner is accused in Crime No.85 of 2010 of Vadakara Police Station and C.C. No.1155 of 2010 of the court of learned Judicial First Class Magistrate, Vadakara for offences punishable under Sections 498A and 406 read with Section 34 of the Indian Penal Code. Case was registered on the complaint of the second respondent, wife of petitioner alleging misappropriation, breach of trust and cruelty. Parties say that they have settled the dispute and accordingly petitioners seek to quash proceeding against them. I have heard learned counsel for petitioner, second respondent and learned Public prosecutor. Learned counsel for petitioners and second respondent have confirmed settlement. Learned counsel for second respondent has also confirmed authenticity and genuineness of the affidavit sworn by the second respondent where she has stated that she has settled the dispute with the petitioners and has no further grievance in the matter. Since the dispute is personal to and between petitioners and second respondent which is settled it is not necessary to continue CRL.M.C. No. 1605 of 2011 -: 2 :- prosecution. Hence I am inclined to allow this petition. Criminal Miscellaneous Case is allowed. Final report in Crime No.85 of 2010 of Vadakara Police Station, cognizance taken thereon and proceeding in C.C. No.1155 of 2010 of the court of learned Judicial First Class Magistrate, Vadakara against petitioners are quashed. THOMAS P. JOSEPH, JUDGE. vsv