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. 632 of 2011 -------------------------------- [CC.NO.1875/2009 OF THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM] .................... PETITIONERS: --------------------- 1. P.R. BINIL, AGED 41 YEARS, S/O. RAVINDRA SINGH, PARAKKADAVIL HOUSE, IRIMPANAM.P.O, THRIPUNITHURA - 682 309, THIRUVAMKULAM VILLAGE, KANAYANNOOR TALUK. 2. RAVINDRA SINGH, AGED 67 YEARS, S/O. KESAVAN, PARAKKADAVIL HOUSE, IRIMPANAM.P.O, THRIPUNITHURA - 682 309, THIRUVAMKULAM VILLAGE, KANAYANNOOR TALUK. 3. PREMAKUMARI, AGED 60 YEARS, W/O. RAVINDRA SINGH, PARAKKADAVIL HOUSE, IRIMPANAM.P.O, THRIPUNITHURA - 682 309, THIRUVAMKULAM VILLAGE, KANAYANNOOR TALUK. 4. JISHA SABU, AGED 38 YEARS, W/O. SABU AND D/O. RAVINDRA SINGH, PARAKKADAVIL HOUSE, IRIMPANAM.P.O, THRIPUNITHURA - 682 309, THIRUVAMKULAM VILLAGE, KANAYANNOOR TALUK. BY ADVS. SRI.K.V.JAYADEEP MENON, SRI.T.P.RAMESH THENGUMPILLIL. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 682 031. 2. M.D. RESMI, W/O.P.R. BINIL AND D/O. DIVAKARAN, MADATHIPARAMBIL HOUSE, ELAMBAKAPPILLI KARA, KUVAPPADI VILLAGE, ERNAKULAM - 683 542. R1 BY PUBLIC PROSECUTOR SRI. K.J. MOHAMMED ANZAR, R2 BY ADV. SMT. A. SREEKALA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.632 of 2011 -------------------------------------- Dated this the 9th day of March, 2011. ORDER Petitioners are accused in Crime No.1237 of 2008 of the Hill Palace Police Station and C.C.No.1875 of 2009 of the court of learned Additional Chief Judicial Magistrate, Ernakulam for offence punishable under Sections 498A read with Section 34 of the Indian Penal Code. Petitioners seek to quash proceeding against them on the strength of a settlement reached with respondent No.2. I have heard learned counsel for petitioners, respondent No.2 and the learned Public Prosecutor. 2. The matter is settled in the Adalath as seen from Annexure-AI, award dated 18.02.2011. As per the settlement respondent No.2 is residing with petitioner No.1 as his wife. Learned counsel appearing for respondent No.2 has confirmed the settlement. Public Prosecutor after getting instruction has confirmed the fact of settlement. In the above circumstances it is not necessary to continue the proceeding. In the circumstances I am inclined to allow the request. Crl.M.C.No.632/2011 2 Resultantly this petition is allowed. Annexure-III, final report in Crime No.1237 of 2008 of the Hill Palace Police Station, cognizance taken thereon and proceeding against petitioners in C.C.No.1875 of 2009 of the court of learned Additional Chief Judicial Magistrate, Ernakulam are quashed. THOMAS P.JOSEPH, Judge. cks