IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 9TH MARCH 2011 / 18TH PHALGUNA 1932 Crl.MC.No. 738 of 2011() ------------------------------------ CC.563/2010 of JUDICIAL FIRST CLASS MAGISTRATE COURT II,PEERMADE .................... (CRIME NO.104/2010 OF VANDIPERIYAR POLICE STATION) ...... PETITIONER(S): ACCUSED 1 TO 5: --------------------------------------------------- 1. BIJU K. ULAHANNAN, S/O.K.M.ULAHANNAN, AGED 39 YEARS, RESIDING AT HOUSE NO.VP-386 A, KUNNEL HOUSE, VALLAKKADAVU PO,VANDIPERIYAR,IDUKKI. 2. SANTHAMMA, W/O. K.M.ULAHANNAN, AGED 62 YEARS,RESIDING AT HOUSE NO.VP-386 A, KUNNEL HOUSE, VALLAKKADAVU PO,VANDIPERIYAR,IDUKKI. 3. K.M.ULAHANNAN, S/O.MATHAYI, AGED 68 YEARS, RESIDING AT HOUSE NO.VP-386 A, KUNNEL HOUSE, VALLAKKADAVU PO,VANDIPERIYAR,IDUKKI. 4. BOBBY. K.ULAHANNAN,S/O.K.M.ULAHANNAN, AGED 35 YEARS, RESIDING AT HOUSE NO.VP-386 A, KUNNEL HOUSE, VALLAKKADAVU PO,VANDIPERIYAR,IDUKKI. 5. PREETHA, W/O.BOBBY K ULAHANNAN, AGED 25 YEARS, RESIDING AT HOUSE NO.VP-386 A, KUNNEL HOUSE, VALLAKKADAVU PO,VANDIPERIYAR,IDUKKI. BY ADVS. SRI.AYYAPPAN SANKAR, SRI.G.SURARSHAN. Kss ..2/- ..2.... CRMC.NO.738/2011 RESPONDENT(S): --------------------------- 1. STATE OF KERALA REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. SUB INSPECTOR OF POLICE, VANDIPERIYAR POLICE STATION, VANDIPERIYAR, IDUKKI, 685 533. 3. BEENA BIJU, D/O. ANNAMMA THOMAS, AGED 34 YEARS, RESIDING AT HOUSE NO.VP-386A, KUNNEL HOUSE,VALLAKKADAVU PO, VANDIPERIYAR, IDUKKI, 685 533. R1 & R2 BY PUBLIC PROSECUTOR SMT. M.K.PUSHPALATHA R3 BY ADV. SRI.LIJU. M.P. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.738 of 2011 ==================================== Dated this the 09th day of March, 2011 O R D E R Petitioners are accused in Crime No.104 of 2010 of Vandiperiyar Police Station and C.C. No.563 of 2010 of the court of learned Judicial First Class Magistrate-II, Peermade for offence punishable under Section 498A read with Section 34 of the Indian Penal Code. That case was registered on a complaint preferred by respondent No.3 and forwarded to the police for investigation. Annexure-A3 is the final report submitted by the police. Petitioners request to quash proceeding against them on the strength of a settlement reached between petitioners and respondent No.3, wife of the first petitioner. I have heard learned counsel for petitioner, third respondent and the learned Public Prosecutor. Learned counsel for petitioners and respondent No.3 have confirmed the settlement and authenticity of signature of respective parties in Crl. M.A. No.1489 of 2011. It is revealed from the compounding petition as well as the statement of counsel on both sides that the dispute is settled between the parties and pursuant to that, respondent No.3 is residing with the first CRL.M.C. No.738 of 2011 -: 2 :- petitioner, her husband. In the circumstances I am inclined to allow this petition. Resultantly, Criminal Miscellaneous Case is allowed. Annexure-III, final report in Crime No.104 of 2010, cognizance taken thereon and proceeding in C.C. No.563 of 2010 of the court of learned Judicial First Class Magistrate-II, Peermade against petitioners are quashed. THOMAS P. JOSEPH, JUDGE. vsv