IBRAHIM KHALEEL Vs. P M AYISHA

JUDGEMENT

(1.) PETITIONERS are accused Nos.1 and 2 in Crime No.94 of 2005 of Badiadka Police Station and L.P.C.No.37 of 2009 of the Court of learned Judicial First Class Magistrate, Kasaragod for offence punishable under Secs.452 and 307 r/w Sec.34 of the Indian Penal Code. Case is that on 03.05.2005 at about 8.45 p.m petitioners and others on account of previous enmity trespassed into the bath room of the first respondent and tried to kill her by strangulation. PETITIONERS requested to quash proceeding against them on the strength of settlement reached with first respondent.

(2.) I have heard learned counsel for petitioners, first respondent and the learned Public Prosecutor. Learned counsel for first respondent has confirmed settlement and authenticity of Annexure-C, affidavit sworn by the first respondent where she states that she has settled the matter with petitioners. Learned Public Prosecutor after getting instruction submitted that the parties have settled the dispute.

(3.) HAVING regard to the above circumstances and also the settlement reached with petitioners, I am not inclined to think that continuance of the proceeding against petitioners would be of any use except that it may affect the relationship which petitioners and first respondent are now having and even the proposal for marriage stated above. In the circumstances I am inclined to allow the petition. Resultantly this criminal miscellaneous case is allowed. Final report against petitioners in Crime No.94 of 2005 of Badiadka Police Station, cognizance taken thereon and proceeding against them in L.P.C.No.37 of 2009 of the Court of learned Judicial First Class Magistrate, Kasaragod are quashed.