IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 23RD FEBRUARY 2011 / 4TH PHALGUNA 1932 Crl.MC.No. 573 of 2011() ---------------------------------- CC.762/2009 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KUNNAMANGALAM .................... PETITIONERS/ACCUSED 1 TO 3 AND DEFACTO COMPLAINANT ----------------------------------------------------------------------------------------- 1. RAFEEQUE, S/O.USMAN MUSALIYAR, AGED 33 YEARS, PEEDIKAKANDYIL HOUSE, PANDARAPARAMBA BUS STOP, 10TH MILE, PAYIMBRA ROAD, KANNAMANGALAM, KOZHIKODE. 2. AYISHAKUTTY, W/O.USMAN MUSALIYAR, PEEDIKAKANDYIL HOUSE, PANDARAPARAMBA BUS STOP, 10TH MILE PAYIMBRA ROAD, KANNAMANGALAM, KOZHIKODE. 3. JAMEELA, W/O.MOHAMMED, PATHIYOTTIL HOUSE, POORATHUPARAMBA P.O., KOZHIKODE. 4. JASIA THAZHEKURIYEDETH, D/O.MOYTHEEN, AGED 24 YEARS, THAZHEKURIYEDETH, P.O.VELLIPARAMBA, KUTTIKATTUR, KOZHIKODE. BY ADV. SRI.K.M.FIROZ, SMT.M.SHAJNA. RESPONDENT/STATE ------------------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, VANITHA POLICE STATION, KOZHIKODE CITY THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.K.J. MOHEMMED ANZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.573 of 2011 ==================================== Dated this the 23rd day of February, 2011 O R D E R Petitioners 1 to 3 are the accused and 4th petitioner the de facto complainant in Crime No.279 of 2009 of Kunnamangalam Police Station and C.C. No.762 of 2009 of the court of learned Judicial First Class Magistrate, Kunnamangalam. The Police submitted final report for offences punishable under Sections 406 and 498A read with Section 34 of the Indian Penal Code. Petitioners 1 to 3 seek to quash proceeding against them on the strength of a settlement reached between them and petitioner No.4-de facto complainant. I have heard learned counsel for petitioners and the leaned Public Prosecutor. 2. De facto complainant has also joined the petition in requesting to quash proceeding against petitioners 1 to 3. Offence is personal to and between petitioners 1 to 3 and petitioner No.4. Since the dispute is settled between parties there is no necessity to continue the proceeding. Hence I am inclined to allow this petition. CRL.M.C. No.573 of 2011 -: 2 :- Resultantly, Criminal Miscellaneous Case is allowed. Annexure-A, final report, cognizance taken thereon and all proceeding in C.C. No.762 of 2009 of the court of learned Judicial First Class Magistrate, Kunnamangalam against petitioners 1 to 3 are quashed. THOMAS P. JOSEPH, JUDGE. vsv