IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 22ND FEBRUARY 2011 / 3RD PHALGUNA 1932 CRL.MC.NO. 559 OF 2011() --------------------------------------- CRIME NO.33 OF 2011 OF KARUVARAKKUNDU POLICE STATION PETITIONER(S): ACCUSED NO.1 TO 3 ------------------------------------------------------ 1. RIYAS, S/O.MUHAMMED @ AHAMMED KUTTY, AGED 27 YEARS, CHUDAMPATTA HOUSE, KARUVARAKKUNDU P.O., MALAPPURAM DISTRICT. 2. AHAMMED KUTTY, CHUDAMPATTA HOUSE, KARUVARAKKUNDU P.O., MALAPPURAM DISTRICT. 3. AMINA W/O. AHAMMED KUTTY, CHUDAMPATTA HOUSE, KARUVARAKKUNDU P.O., MALAPPURAM DISTRICT. BY ADV. SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENT(S): COMPLAINANT & STATE ------------------------------------------------------------ 1. MUHSINA, D/O.HAMZA, PADATHUMPEEDIKA HOUSE, KERALA ESTATE, ARIMANAL, MALAPPURAM DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.SREE PRAKASH FOR R1 SMT.SARASWATHI PALEREKEEZHIL FOR R1\ BY PUBLIC PROSECUTOR SHRI K.J. MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.559 of 2011 ==================================== Dated this the 22nd day of February, 2011 O R D E R Petitioners are accused 1 to 3 in Crime No.33 of 2011 of Karuvarakundu police station for offence punishable under Section 498A of the Indian Penal Code. Case was registered on a complaint preferred by respondent No.1, the former wife of petitioner No.1. Petitioners seek to quash proceeding against them on the strength of a settlement reached with the respondent No.1. I have heard learned counsel for petitioner, respondent No.1 and the learned Public Prosecutor. Learned counsel for respondent No.1 confirmed the fact of settlement and authenticity of affidavit sworn by respondent No.1. As per the settlement reached between petitioner No.1 and respondent No.1, petitioner No.1 has divorced respondent No.1 and they are living separately. Dispute between them is settled. As such it is not necessary to continue the proceeding. Hence I am inclined to allow this petition. Resultantly, this Criminal Miscellaneous Case is allowed. Annexure-I, FIR in Crime No.33 of 2011 of Karuvarakundu police station and all proceeding pursuant thereto against petitioners- accused 1 to 3 are quashed. THOMAS P. JOSEPH, JUDGE. vsv