IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4492 of 2010()
1. ABDUL HAMEED, S/O.ABDUL KHADER,
... Petitioner
2. LAILA, W/O.ABDUL KHADER, CHALUNGAL HOUSE
Vs
1. STATE OF KERALA REPRESENTED BY
... Respondent
2. HAMNAZ, D/O.ABDUL AZEEZ,
For Petitioner :SRI.BABU KARUKAPADATH
For Respondent :SRI.M.M.ALIKUNJU
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :31/01/2011
O R D E R
THOMAS P.JOSEPH, J.
====================================
Crl. M.C. No.4492 of 2010
====================================
Dated this the 31st day of January, 2011
O R D E R
Petitioner are accused in crime No.584 of 2006 of
Kalamassery police station and C.C. No.493 of 2007 of the court
of learned Judicial First Class Magistrate-II, Aluva for offence
punishable under Section 498A read with Section 34 of the Indian
Penal Code. Petitioner No.1 is the husband of respondent No.2-de
facto complainant and petitioner No.2 is the mother of petitioner
No.1. Case is that petitioners subjected respondent No.2 to cruelty
demanding more money and committed offence as alleged.
Petitioners request for quashing proceedings against them on the
strength of a settlement reached between them and respondent
No.2. I have heard learned counsel for petitioners, respondent
No.2 and the learned Public Prosecutor.
2. Annexure-A1 is the final report in Crime No.584 of
2006. Annexure-A2 is the copy of the agreement. Annexure-A3
is the copy of judgment in O.P. No.1210 of 2007 of Family Court,
Ernakulam filed by respondent No.2 against petitioner No.1. It is
seen that the said petition was disposed of as settled between the
parties out of court. Annexure-A3 is the copy of compromise
CRL.M.C. No.4492 of 2010
-: 2 :-
petition filed by petitioner No.2 and respondent No.2 in O.P.
No.1210 of 2007 referred to above. Respondent No.2 has filed an
affidavit swearing that the matter has been settled between the
parties. It is revealed form the affidavit and Annexure-A2
agreement that the dispute is settled between the parties. It is
revealed that the dispute is purely personal to and between
petitioner No.1 and respondent No.2. They having settled the
dispute it is not necessary to proceed with the case. Hence I am
inclined to allow the petition.
Resultantly, Criminal Miscellaneous Case is allowed.
Annexure-A1, final report in crime No.584 of 2006 of Kalamassery
police station, cognizance taken thereon and proceedings in
C.C.No.493 of 2007, of the court of learned Judicial First Class
Magistrate-II, Aluva against petitioners are quashed.
THOMAS P. JOSEPH, JUDGE.
vsv