IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 29TH MARCH 2011 / 8TH CHAITHRA 1933 Crl.MC.No. 995 of 2011() ------------------------ CC.14/2011 of JUDL. MAGISTRATE OF FIRST CLASS COURT, NILAMBUR ARISING FROM CRIME NO.383 OF 2010 OF EDAKKARA POLICE STATION, MALAPPURAM DISTRICT .................... PETITIONERS/ ACCUSED -------------------------------------- 1. NISHAD, S/O.HAMZA, MOOCHIKADAN HOUSE, ERANHIMANGAD, NILAMBUR, MALAPPURAM DISTRICT. 2. SAKKEENA, MOOCHIKADAN HOUSE, ERANHIMANGAD, NILAMBUR, MALAPPURAM DISTRICT. 3. NIZAR, MOOCHIKADAN HOUSE, ERANHIMANGAD, NILAMBUR, MALAPPURAM DISTRICT. BY ADV. SRI.K.P.SUDHEER RESPONDENTS/ STATE & COMPLAINANT ------------------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING SUB INSPECTOR OF POLICE, EDAKKARA POLICE STATION, EDAKKARA-679331, MALAPPURAM DISTRICT. 2. JASEERA, W/O.NISHAD, MOOCHIKADAN HOUSE, ERANHIMANGAD-679343, NILAMBUR, MALAPPURAM DISTRICT. ADV. SRI.SANTHEEP ANKARATH FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dmb THOMAS P. JOSEPH, J. ~~~~~~~~~~~~~~~~ Crl.M.C. No.995 of 2011 ~~~~~~~~~~~~~~~~~ Dated this the 29th day of March 2011 O R D E R Petitioners are accused in Crime No.383 of 2010 of Edakkara Police Station and C.C.No.14 of 2011 of the court of learned Judicial First Class Magistrate, Nilambur for offences punishable under Sec.498A r/w Sec.34 of the Indian Penal Code (for short, “the IPC”). 2. Case is that petitioners subjected the 2nd respondent to cruelty demanding more ornaments and money. Annexure-A2 is the final report submitted by the police. Learned Magistrate took cognizance of the said offence and filed C.C.No.14 of 2011. Petitioners request to quash proceeding against them on the strength of a settlement reached with the 2nd respondent. I have heard learned counsel for petitioners, 2nd respondent and the learned Public Prosecutor. Crl.M.C. No.995 of 2011 -: 2 :- 3. Learned counsel for petitioners and 2nd respondent have confirmed the settlement. Learned counsel for the 2nd respondent has also confirmed the authenticity of signature of 2nd respondent in Annexure-A3 affidavit. In that affidavit, it is stated that she has settled the dispute with petitioners and consequent to the settlement, she is living with the first petitioner as his wife. In the circumstance, continuance of the proceeding is not necessary. Resultantly this Crl.M.C. is allowed. Annexure-A2 final report in Crime No.383 of 2010 of Edakkara Police Station, cognizance taken thereon and proceeding against petitioners in C.C.No.14 of 2011 of the court of learned Judicial First Class Magistrate, Nilambur are quashed. THOMAS P. JOSEPH, JUDGE. Jvt