IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 1ST APRIL 2011 / 11TH CHAITHRA 1933 Crl.MC.No. 1078 of 2011() ------------------------------------ CC.689/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT, MALAPPURAM CR.NO.231/2009 OF MALAPPURAM POLICE STATION. .................... PETITIONER(S): ----------------------- 1. MUHAMMED RAFEEQ, AGED 26 YEARS, S/O. ABDULLA KUTTY, VARIKODAN HOUSE, PALLIPADI KODUR.P.O, MALAPUURAM. 2. ABDULLA KUTTY, S/O. MOHAMMED MUSLIYAR VARIKODAN HOUSE, PALLIPADI KODUR.P.O, MALAPPURAM. 3. SUHARABI, AGED 46 YEARS, W/O. ABDULLA KUTTY, VARIKODAN HOUSE, PALLIPADI KODUR.P.O, MALAPPURAM. 4. AMEENA, AGED 20 YEARS, D/O. UNNINKUTTY HAJI, PERINGONDAN HOUSE, CLARIS SOUTH EDARIKODU.P.O, PERUMANNU AMSOM, KARUKA DESOM, TIRUR TALUK, MALAPPURAM. BY ADV. SRI.C.V.MANUVILSAN, SRI.P.G.SURESH, SMT.K.VIDYA, SRI.RAJAN VISHNURAJ. RESPONDENT(S): -------------------------- STATE OF KERALA, REPRESENTED BY THE S.I. OF POLICE, MALAPPURAM POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT.M.K. PUSHPALATHA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.1078 of 2011 -------------------------------------- Dated this the 1st day of April, 2011. ORDER This petition is filed by the accused (petitioners 1 to 3) and the defacto complainant (fourth petitioner) in Crime No.231 of 2009 of the Malappuram Police Station and C.C.No.689 of 2009 of the court of learned Judicial First Class Magistrate, Malappuram for offences punishable under Sections 498A and 406 read with Section 34 of the Indian Penal Code (for short, “the Code”). Petitioners say that they have settled the dispute among them and accordingly request to quash proceeding against petitioners 1 to 3. I have heard learned counsel for petitioners and the learned Public Prosecutor. 2. Learned counsel for petitioners confirmed the settlement. Annexure-A3 is an agreement executed between petitioners 3 and 4. In paragraph 4 of Annexure-A3, agreement there is reference to the settlement of C.C.No.689 of 2009. The fourth petitioner has also sworn an affidavit stating that she has settled the dispute with petitioners 1 to 3 and that she has no further grievance in the matter. 3. Since the dispute is purely personal to and between petitioners 1 to 3 and the fourth petitioner which is settled as seen from Annexure-A3, agreement and the affidavit of the fourth petitioner I am inclined to allow the request as the cordial relationship has to be maintained. Crl.MC No.1078/2011 2 Resultantly this Criminal Miscellaneous Case is allowed. Annexure-A2, final report in Crime No.231 of 2009 of the Malappuram Police Station, cognizance taken thereon and proceeding against petitioners 1 to 3/accused 1 to 3 in C.C.No.689 of 2009 of the court of learned Judicial First Class Magistrate, Malappuram are quashed. THOMAS P.JOSEPH, Judge. cks