IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 2ND FEBRUARY 2011 / 13TH MAGHA 1932 Crl.MC.No. 291 of 2011() ----------------------------------- CRIME NO.540/2009 OF KATTOOR POLICE STATION. CC.429/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT, IRINJALAKUDA .................... PETITIONERS/ACCUSED ------------------------------------ 1. NOUFAL. V.A., S/O. ABDUL KHADER, VALIYEDATH HOUSE, KATTOOR, PARIYARAM.P.O., THRISSUR DISTRICT. 2. AMEER, S/O. ABDUL KHADER, -DO- -DO- 3. AMINA, W/O. ABDUL KHADER, -DO- -DO- BY ADV. SRI.K.I.ABDUL RASHEED, SRI.K.A.SHAMSUDEEN, SMT.BHAMA G. NAIR, SRI.N.M.SIYAD. RESPONDENTS/COMPLAINANT AND STATE ----------------------------------------------------------------- 1. THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KATTOOR POLICE STATION, THRISSUR. 3. SHAHANA, D/O. KABEER, NAMBIPUNNILATH HOUSE, THEKKUMKARA VILLAGE, THRISSUR DISTRICT. R1 & R2 BY PUBLIC PROSECUTOR MR.K.J. MOHAMMED ANZAR. R3 BY ADV. SRI.SAKIR.K.H. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.291 of 2011 --------------------------------------- Dated this 02nd day of February, 2011 ORDER Petitioners are accused Nos.1 to 3 in Crime No.540 of 2009 of Kattoor Police Station and C.C.No.429 of 2010 of the court of learned Judicial First Class Magistrate, Irinjalakkuda for offence punishable under Sec. 498A r/w Sec.34 of the Penal Code. Case was registered on a complaint preferred by respondent No.3 and forwarded to the police for investigation under Sec.156(3) of the Code of Criminal Procedure. Police after investigation submitted Annexure-1, final report alleging commission of offences as above stated. Petitioners requested to quash proceedings against them in the light of the settlement they have reached with respondent No.3/de facto complainant, wife of first petitioner. 2. I have heard learned counsel for petitioners, respondent No.3 and the learned Public Prosecutor. Annexure-2 is the agreement executed between petitioners and respondent No.3 based on which the dispute between them was settled by Annexure-3, award of the Lok Adalath, Thrissur. As part of that it was agreed that respondent No.3 will not pursue her complaint in the present proceeding. It is submitted by counsel on both sides Crl.M.C.No.291 of 2011 -: 2 :- that respondent No.3 has remarried and she is living with her husband. I do not consider it necessary to pursue with the present proceeding. The settlement reached between the parties has to be maintained. There is no possibility of a successful completion of prosecution. Hence I am inclined to allow the petition. Resultantly this criminal miscellaneous case is allowed. Annexure-1, final report in Crime No.540 of 2009 of Kattoor Police Station, cognizance taken thereon and proceedings against petitioners in C.C.No.429 of 2010 of the court of learned Judicial First Class Magistrate, Irinajalakkuda will stand quashed. (THOMAS P JOSEPH, JUDGE) Sbna/-