IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 13TH JANUARY 2011 / 23RD POUSHA 1932 Crl.MC.No. 105 of 2011() ------------------------------------ CC.NO.3900/2009 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, IRINJALAKUDA. ........ (CRIME NO.195/2009 OF VARANDARAPPILLY POLICE STATION, THRISSUR DISTRICT) ..... PETITIONER(S): ACCUSED: ------------------------------------------ V.N.ABDUL HAKKIM, AGED 40 YEARS, S/O.NAGOORKUTTY, VAKKAYIL HOUSE, NORTH PARAVOOR VILLAGE, ERNAKULAM DISTRICT. BY ADV. SRI.T.P.SANTHOSH KUMAR RESPONDENT(S): STATE & DEFACTO COMPLAINANT: ---------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, VARANDARAPPILLY POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. FABITHA, AGED 20 YEARS, D/O.SHAKKEER.M.K MANJERI KURIKKAL HOUSE, POOKKUTH P.O., PANDIKKAD. R1 BY PUBLIC PROSECUTOR SRI. K.J.MOHAMMED ANZAR R2 BY ADV. SRI.SURESH BABU (VADUTHALA) THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.105 of 2011 ==================================== Dated this the 13th day of January, 2011 O R D E R Petitioner is accused in C.C. No.3900 of 2009 of the court of learned Judicial First Class Magistrate, Irinjalakuda arising from Crime No.195 of 2009 of Varantharappally police station for offences punishable under Sections 406, 420, 294(b) and 506(i) of the Indian Penal Code. Case was registered on a private complaint filed by respondent No.2 that her ornaments and amount were appropriated by the petitioner (her brother-in-law) on 28.04.2009. It is also alleged that when she demanded return of such ornaments petitioner used obscene words and criminally intimidated her and thus committed the offences. Now the matter is settled between the parties. Annexure-A3 is the affidavit sworn by respondent No.2 wherein it is stated that the matter is settled. I have heard learned counsel for petitioner, respondent No.2 and the learned Public Prosecutor. 2. Offence involved is something which is personal and concerning petitioner and respondent No.2. It is not disputed that CRL.M.C. No.105 of 2011 -: 2 :- petitioner is a close relative of respondent No.2. In the light of the settlement reached between the parties, continuance of the proceedings will be a wasteful exercise. Hence I am inclined to allow this petition. Resultantly, Criminal Miscellaneous Case is allowed. Proceedings in C.C. No.390 of 2009 of the court of learned Judicial First Class Magistrate, Irinjalakuda arising from Crime No.195 of 2009 of the Varantharappally police station are quashed. THOMAS P. JOSEPH, JUDGE. vsv