IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 4TH MARCH 2011 / 13TH PHALGUNA 1932 Crl.MC.No. 602 of 2011() ---------------------------------- C.C.NO.899/2009 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, PARAPPANANGADI. CRIME NO.277/2009 OF THE TIRURANGADI POLICE STATION. .......... PETITIONER(S): ACCUSED -------------------------------------- 1. E.V. MUHAMMED SHAFFI, S/O. MOOSA, ILLATHUVALAPPIL HOUSE, MULLAPALLY, KOOTTILANGADI, MALAPPURAM DISTRICT. 2. E.V. MOOSA, ILLATHUVALAPPIL HOUSE, MULLAPALLY, KOOTTILANGADI, MALAPPURAM DISTRICT. 3. E.V. SULAIKHA, W/O. MOOSA, ILLATHUVALAPPIL HOUSE, MULLAPALLY, KOOTTILANGADI, MALAPPURAM DISTRICT. 4. RUKHIYA, W/O. SALEEM, ILLATHUVALAPPIL HOUSE, MULLAPALLY, KOOTTILANGADI, MALAPPURAM DISTRICT. 5. SUHAILA, D/O. MOOSA, ILLATHUVALAPPIL HOUSE, MULLAPALLY, KOOTTILANGADI, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): STATE & DEFACTO COMPLAINANT ------------------------------------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, THIRURANGADI POLICE STATION - THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERAELA, ERNAKULAM, KOCHI-31. 2. KHAIRUNNISA, D/O. SAINUDHEEN, NAMBAMKUNNATH HOUSE, MAMPURAM.P.O, A.R. NAGAR, MALAPPURAM DISTRICT - 676 306. R1 BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA R2 BY ADV. SMT.M.T.SHEEBA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.602 of 2011 --------------------------------------- Dated this 04th day of March, 2011 ORDER Petitioners are accused in Crime No.277 of 2009 of Tirurangadi Police Station and C.C.No.899 of 2009 of the Court of learned Judicial First Class Magistrate, Parappanangadi for offences punishable under Secs.406 and 498A r/w Sec.34 of the Penal Code. That case was registered on the complaint of second respondent who is the wife of the first petitioner. Petitioners seek to quash proceeding against them on the strength of a settlement reached with the second respondent. I have heard learned counsel for petitioners, second respondent and the learned Public Prosecutor. Learned counsel for second respondent has confirmed settlement and authenticity of Annexure-D, affidavit sworn by the second respondent. 2. It is revealed that pursuant to the compromise first petitioner and second respondent are living together as husband and wife. Annexure-D, affidavit is sworn before a Notary Public where it is stated that the dispute between petitioners and second respondent is settled. In the circumstances I am inclined to allow the petition. Crl.M.C.No.602 of 2011 -: 2 :- Resultantly this criminal miscellaneous case is allowed. Final report in Crime No.277 of 2009 of Tirurangadi Police Station, cognizance taken thereon and proceedings against petitioners in C.C.No.899 of 2009 of the Court of learned Judicial First Class Magistrate, Parappanangadi are quashed. (THOMAS P JOSEPH, JUDGE) Sbna/-