IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 284 of 2011()
1. ABDUL SALIM, S/O.KUNJAMMU
... Petitioner
2. FAHTIMA, W/O.KUNJAMMU,
3. MAJEED, S/O.KUNJAMMU, VELUTHEDATH
Vs
1. FEBINA N.P.D/O.ABDUL RAHIMAN
... Respondent
2. THE STATE OF KERALA
3. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.P.V.KUNHIKRISHNAN
For Respondent : No Appearance
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :31/01/2011
O R D E R
THOMAS P JOSEPH, J.
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Crl.M.C.No.284 of 2011
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Dated this 31st day of January, 2011
ORDER
This petition is filed by the accused in Crime No.211 of
2010 of Kunnamangalam Police Station and C.C.No.875 of 2010
of the court of learned Judicial First Class Magistrate,
Kunnamangalam for offences punishable under Sec. 406, 498A
and 354 r/w Sec.34 of the Indian Penal Code. Case was
registered on the strength of Annexure-B, private complaint
forwarded to the police for investigation under Sec.156(3) of the
Code of Criminal Procedure. After investigation the Sub
Inspector submitted final report based on which learned
Magistrate has taken cognizance for the offences as above stated.
Petitioners seeks to quash proceedings against them in view of
settlement reached between them and respondent No.1. I have
heard learned counsel for petitioners, respondent No.1 and
learned Public Prosecutor.
2. It is submitted by learned counsel for petitioners and
respondent No.1 that pursuant to the compromise reached
between petitioners and respondent No.1, the latter is staying
with the first petitioner. Annexure-C is the affidavit sworn by the
Crl.M.C.No. 284 of 2011
-: 2 :-
first respondent. That affidavit shows that she has settled the
dispute with petitioner and that she has no objection in quashing
proceedings against them. The offence is purely personal to and
between petitioner and respondent No.1. Since the dispute is
settled between them and petitioners and respondent No.1 are
now leading a happy life it is necessary to maintain cordial
relationship between them. The chance of prosecution
succeeding in the case is bleak in view of the settlement. Hence I
am inclined to allow the petition.
Resultantly this criminal miscellaneous case is allowed.
The final report in Crime No.211 of 2010 of Kunnamangalam
Police Station, cognizance taken thereon and all proceedings in
C.C.No.875 of 2010 of the court of learned Judicial First Class
Magistrate, Kunnamangalam against petitioners are quashed.
(THOMAS P JOSEPH, JUDGE)
Sbna/-