IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 20TH JANUARY 2011 / 30TH POUSHA 1932 Crl.MC.No. 110 of 2011 ------------------------ ( CC.450/2010 of JUDL.MAGISTRATE OF FIRST CLASS, VADAKARA, KOZHIKODE) PETITIONERS/ACCUSED ---------------------- 1. SHAJEER, S/O.YOUSAF, AGED 22 YEARS, PUTHIYADATHUTHAZHAKUNIYIL (H), NEAR KUNNUMMAL SRAMBI, ONCHIYAM AMSOM, KANNAKKARA DESOM, VATAKARA TALUK. 2. MEPPADIVEETTIL YOUSAF, S/O.MUHAMMED, KOLAKEYYAN, ONCHIYAM AMSOM, KANNAKKARA DESOM, VATAKARA TALUK. 3. MEPPADIVEETTIL AMINA, AGED 42 YEARS, W/O.YOUSAF, ONCHIYAM AMSOM, KANNAKKARA DESOM, VATAKARA TALUK. 4. MEPPADI VEETTIL SAJEERA, D/O.YOUSAF, AGED 19 YEARS, ONCHIYAM AMSOM, KANNAKKARA DESOM, VATAKARA TALUK. 5. MEPPADIVEETTIL MUSTHAFA, ONCHIYAM AMSOM, KANNAKKARA DESOM, VATAKARA TALUK. BY ADV. SRI.ZUBAIR PULIKKOOL RESPONDENTS/ COMPLAINANT & STATE: ---------------------------------------------- 1. SHAMLA, D/O.SULAIMAN, AGED 20 YEARS, PUTHANKANDI HOUSE, P.O.MADAPPALLI COLLEGE, ONCHIYAM AMSOM, KANNAKKARA DESOM, 16TH WARD, ONCHIYAM PANCHAYATH, VADAKARA. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, COCHIN-31. R1 BY ADV. SMT.BINDU GEORGE R2 BY PUBLIC PROSECUTOR ADV.SMT. M.K. PUSHPALATHA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.110 of 2011 -------------------------------------- Dated this the 20th day of January, 2011. ORDER Petitioners are accused in C.C. No.450 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. Respondent No.1 is the wife of petitioner No.1. Petitioner Nos.2 and 3 are parents and petitioner Nos.4 and 5, sister and brother-in-law of petitioner No.1. Respondent No.1 filed a private complaint against petitioners alleging commission of offences as above stated. That complaint was forwarded to the police for investigation under Section 156(3) of the Code of Criminal Procedure (for short, “the Code”). Police registered Crime No.99 of 2010, investigated and submitted final report in the court of learned Judicial First Class Magistrate, Vadakara who took cognizance for the said offences and filed C.C.No.450 of 2010. Now, it is stated that the dispute has been settled between the parties vide Annexure-II, agreement and respondent No.1 has sworn an affidavit (Annexure-III) to that effect. 2. Petitioner No.1 is abroad and hence Annexure-II, agreement is executed between petitioner No.2, his father and respondent No.1, defacto complainant. Learned counsel for petitioners submit that petitioner No.1 undertakes to abide by Annexure-II, agreement. That submission is recorded. It is also submitted that pursuant to the compromise, divorce has already been Crl.M.C.No.110/2011 2 effected between petitioner No.1 and respondent No.1. Agreement states that the matter is settled between the parties. An affidavit also is sworn by respondent No.1 (Annexure-III) stating that the dispute between the parties has already been settled, agreement (Annexure-II) is executed and that she acknowledged receipt of the amount stipulated to be paid to her as per Annexure-II, agreement. She further stated that she does not want to proceed with the case. 3. Heard learned counsel for petitioners, respondent No.1 and the Public Prosecutor. 4. Case arose mainly on account of dispute between petitioner No.1 and respondent No.1 and it is purely personal between the parties hereto. As I stated, dispute is already settled between the parties. To maintain the harmonious relationship between the parties and since there is no possibility of a successful completion of the prosecution I consider it necessary to grant the reliefs prayed for. Crl.M.C.No.110/2011 3 Resultantly this petition is allowed. The Final Report in Crime No.99 of 2010 of Vadakara Police Station, cognizance taken thereon and all further proceedings against petitioners in C.C.No.450 of 2010 of the court of learned Judicial First Class Magistrate, Vadakara are quashed. THOMAS P.JOSEPH, Judge. cks