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. 1041 of 2011() -------------------------------------- CC.NO.266/10 OF JUDICIAL FIRST CLASS MAGISTRATE COURT I,HOSDURG .... (CRIME NO.484/2009 OF CHANDERA POLICE STATION) PETITIONER(S): ACCUSED NOS. 1 TO 5: ------------------------------------------------------------ 1. K.ISMAIL, S/O.SAKKEENA, FATHIMA MANZIL, MACHIPPURAM, NEAR RAILWAY GATE, CHERUVATHUR VILLAGE. 2. SAKEENA, W/O.ABOOBACKER, FATHIMA MANZIL, MACHIPPURAM, NEAR RAILWAY GATE, CHERUVATHUUR VILLAGE. 3. ISHAQ, S/O.SAKKEENA, FATHIMA MANZIL, MACHIPPURAM, NEAR RAILWAY GATE, CHERUVATHUR VILLAGE. 4. SHAHUL HAMMEED, S/O. SAKKEENA, FATHIMA MANZIL, MACHIPPURAM, NEAR RAILWAY GATE, CHERUVATHUR VILLAGE. 5. FATHIMA, D/O.SAKKEENA, FATHIMA MANZIL, MACHIPPURAM, NEAR RAILWAY GATE, CHERUVATHUR VILLAGE. BY ADV. SMT.T.SUDHAMANI RESPONDENT(S): STATE & DEFACTO COMPLAINANT: -------------------------------------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. RAMZIYA T.P., D/O.MUHAMMAD, UDUMBUNTHALA, EAST THRIKARIPUR VILLAGE,HOSDURG TALUK. R1 BY PUBLIC PROSECUTOR SRI. K.J.MOHAMMED ANZAR R2 BY ADV. SMT.HEMALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/03/2011 ALONG WITH CRMC.NO.1051 OF 2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P.JOSEPH, J. ==================================== Crl. M.C. Nos.1041 & 1051 of 2011 ==================================== Dated this the 30th day of March, 2011 O R D E R These petitions are filed by the accused in Crime Nos.484 and 50 of 2009 of the Chandera Police Station and C.C. No.226 of 2010 and 776 of 2009, respectively of the court of learned Judicial First Class Magistrate-I, Hosdurg both for offence punishable under Section 498A of the Indian Penal Code on the complaint preferred by the second respondent-de facto complainant. Petitioners request this Court to quash proceeding against them in these proceedings on the strength of settlement reached with the second respondent. I have heard learned counsel for petitioners, second respondent and the learned Public Prosecutor. Learned counsel for petitioners and second respondent confirmed the settlement between parties in both the cases. Learned counsel for second respondent confirmed authenticity of signature of second respondent in Annexure-II, agreement and Annexure-III, affidavit of second respondent in Crl. M.C. No.1041 of 2011 executed between the first petitioner and second respondent and Annexure-II, agreement and Annexure-III, CRL.M.C. Nos.1041 & 1051 of 2011 -: 2 :- affidavit of the second respondent in Crl. M.C.1051 of 2011. Since the offence alleged is under Section 498A of the IPC which is personal to and between parties and since it is submitted by counsel on both sides that it is settled and that first petitioner and second respondent are living together as husband and wife, I am inclined to allow the petitions and terminate the proceedings. Resultantly, Criminal Miscellaneous Cases are disposed of in the following lines: (i) Crl M.C. No.1041 of 2011 is allowed. Final report in Crime No.484 of 2009 of Chandera Police Station, cognizance taken thereon and all proceeding against petitioner in C.C. No.226 of 2010 of the court of Judicial First Class Magistrate-I, Hosdurg are quashed. (ii) Crl. M.C. No.1051 of 2011 is allowed. Final report in Crime No.50 of 2009 of Chandera Police Station, CRL.M.C. Nos.1041 & 1051 of 2011 -: 3 :- cognizance taken thereon and all proceeding against petitioners in C.C. No.776 of 2009 of the court of Judicial First Class Magistrate-I, Hosdurg are quashed. THOMAS P. JOSEPH, JUDGE. vsv