IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 30TH MARCH 2011 / 9TH CHAITHRA 1933 Crl.MC.No. 1011 of 2011() ------------------------- CC.758/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PATTAMBI .................... PETITIONER(S): DEFACTO COMPLAINANT: ---------------------------------------------------------------- SALEENA,AGED 27 YEARS, D/O.MOHAMMAD KUTTY(LATE),PUTHANPEEDIYAKKAL HOUSE, KARINGUNAD KARIMPANATHOTTAM,VILAYUR-OTTAPPALAM TALUK,PALAKKAD DISTRICT. BY ADV. SRI.K.MUHAMMED SALAHUDHEEN RESPONDENT(S): ACCUSED NOS.2 , 3, 5 AND 6/STATE: ----------------------------------------------------------------------------------- 1. ABBAS,S/O.MARAKKAR,AGED 72 YEARS, VILAKKEERI HOUSE, NEDUNGOTTIRI, KAIPURAM, THIRUVEGAPPURA VILLAGE,OTTAPPALAM TALUK, PALAKKAD DISTRICT. 2. AYISHA,AGED 63 YEARS,W/O.ABBAS, VILAKKEERI HOUSE, NEDUNGOTTIRI, KAIPURAM, THIRUVEGAPPURA VILLAGE,OTTAPPALAM TALUK, PALAKKAD DISTRICT. 3. SHAHARBHANU,AGED 37 YEARS, W/O.AZEEZ @ KUTTY,VILAKKEERI HOUSE, NEDUNGOTTIRI, KAIPURAM,THIRUVEGAPPURA VILLAGE,OTTAPPALAM TALUK, PALAKKAD DISTRICT. 4. KHADER,AGED 27 YEARS,S/O.ABBAS, VILAKKEERI HOUSE, NEDUNGOTTIRI, KAIPURAM, THIRUVEGAPPURA VILLAGE,OTTAPPALAM TALUK, PALAKKAD DISTRICT. 5. THE STATE OF KERALA,REPRESENTED PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. R1 TO R4 BY ADV. SRI.S.SREEDEV R5 BY PUBLIC PROSECUTOR SRI. K.J.MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.1011 of 2011 -------------------------------------- Dated this the 30th day of March, 2011. ORDER This Criminal Miscellaneous Case is filed by the defacto complainant in C.C.No.758 of 2010 of the court of learned Judicial First Class Magistrate, Pattambi for offences punishable under Sections 406 and 498A read with Section 34 of the Indian Penal Code (for short, “the Code”). It is alleged that respondents 1 to 4/accused 2, 3, 5 and 6 and others committed offences as alleged in the complaint. Petitioner says that she has settled the case with respondents 1 to 4 and that she does not want to proceed against them. Annexure-A3 is the joint statement filed by petitioner and respondents 1 to 4 . I have heard learned counsel for petitioner, respondents 1 to 4 and the learned Public Prosecutor. 2. Learned counsel for petitioner and respondents 1 to 4 have confirmed the settlement. They also confirmed signature of petitioner and respondents 1 to 4 in Annexure-A3, joint statement. 3. Since offences alleged are personal to and between petitioner and respondents 1 to 4 and that the matter is settled between them, I am inclined to allow the request. Crl.MC No.1011/2011 2 Resultantly this petition is allowed. Annexure-A2, final report in Crime No.131 of 2009 of Pattambi Police Station, cognizance taken thereon and proceeding against respondents 1 to 4/accused 2, 3, 5 and 6 in C.C.No.758 of 2010 of the court of learned Judicial First Class Magistrate, Pattambi are quashed. THOMAS P.JOSEPH, Judge. cks