IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 21ST OCTOBER 2011 / 29TH ASWINA 1933 Crl.MC.No. 3488 of 2011() ------------------------- (Crime No.139/2011 OF POOYAPPALLY POLICE STATION, KOLLAM Dist.) PETITIONER(S): --------------- 1. S.M.HANEEFA RAWTHER, S/O.SHAUL HAMEED RAWTHER, SHA MANZIL, CHERIYAVELINALLOOR MURI, VELINALLOOR VILLAGE KOTTARAKKARA TALUK, KOLLAM. 2. NAZIMUDEEN, S/O. ISMAIL RAWTHER KATTENIYIL VEETTIL (ZAM ZAM) CHERIYAVELINALLOOR MURI, VELINALLOOR VILLAGE KOTTARAKKARA TALUK, KOLLAM. 3. ABDUL RASHEED, S/O.SHAHUL HAMEED VAYALIL VEETTIL, CHERIYAVELINALLOOR MURI, VELINALLOOR VILLAGE, KOTTARAKKARA TALUK, KOLLAM. BY ADV. SRI.B.MOHANLAL RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, POOYAPPALLY POLICE STATION, KOLLAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SMT. SAINABHA BEEVI, W/O.LATE UMMER KANNU RAWTHER, VILAYIL PUTHEN VEEDU, MANKONAM, CHERIYAVELINALLOOR MURI, VELINALLOOR VILLAGE, KOTTARAKKARA P.O., KOLLAM, PIN-691 506. BY ADV.SMT.R.REMA, PUBLIC PROSECUTOR SRI.T.G.RAJENDRAN FOR R-2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 3488 of 2011() APPENDIX PETITIONER(S) EXHIBITS : ANNEXURE-1 THE TRUE COPY OF THE COMPLAINT, FIR AND FIS IN CRIME NO.139/2011 OF POOYAPPALLY POLICE STATION IN KOLLAM DISTRICT ANNEXURE-11 THE TRUE COPY OF THE SETTLEMENT ENTERED INTO BETWEEN THE PARTIES IN OS.27/2011 OF THE MUNSIFF COURT, KOTTARAKKARA. ANNEXURE-111 THE TRUE COPY OF THE SETTLEMENT ENTERED INTO BETWEEN THE PARTIES IN OS.283/2011 OF THE MUNSIFF COURT, KOTTARAKKARA. ANNEXURE-IV THE ORIGINAL OF THE COMPOUNDING APPLICATION JOINTLY SIGNED THE PETITIONERS AS WELL AS THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS : NIL //TRUE COPY// P.A.TO JUDGE ami/ N.K.BALAKRISHNAN, J. ------------------------------- Cr.M.C.No.3488 of 2011 ------------------------------- Dated this the 21st day of October, 2011. O R D E R The petitioners 1 to 3 are the accused in Crime NO.139/11 of Pooyappally police station in Kollam district. The crime was registered against the petitioners alleging offence under Sections 295-A, 297 and 298 r/w 34 of IPC. The allegation is that the petitioners destroyed the 'khaber' of the complainant's husband in the mosque compound and thereby they maliciously insulted the religious feelings of herself and others. It is submitted by the learned counsel for the petitioners and the 2nd respondent that there were suits between the parties with regard to the same and that this complaint is an off-shoot of that litigation. Those suits were settled between the parties. In terms of the settlement, this case also was agreed to be withdrawn. Since the dispute is purely personal, arose out of the civil dispute, this petition is allowed. Further proceedings in 2 Cr.M.C.No.3488 of 2011 Crime NO.139/11 of Pooyappalli police station in Kollam district, is quashed. N.K.BALAKRISHNAN Judge. ami/