IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 25TH FEBRUARY 2011 / 6TH PHALGUNA 1932 CRL.MC.NO. 607 OF 2011() --------------------------------------- CC.134/2009 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KOLLAM PETITIONER(S): DEFACTO COMPLAINANT ------------------------------------------------------------ STAINY SIMON, AGED 24 YEARS, D/O. SIMON RESIDING AT ST. JOSEPH'S VILLA, C.S. NAGAR, ALTHARAMUKKU, VADDY, KOLLAM. BY ADV. SRI.JOHNSON GOMEZ SRI.S.BIJU (KIZHAKKANELA) RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, THROUGH THE SUB INSPECTOR OF POLICE, KOTTIYAM POLICE STATION, KOLLAM. 2. JOHNSON FRANCIS @ SANIL, S/O. FRANCIS, SANIL COTTAGE, EDAVATTOM, VELLIMON.P.O, KUNDARA, KOLLAM. 3. KARMALA KUSUMAM, SANIL COTTAGE, EDAVATTOM, VELLIMON.P.O, KUNDARA, KOLLAM. 4. FRANCIS, SANIL COTTAGE, EDAVATTOM, VELLIMON.P.O, KUNDARA, KOLLAM. 5. JENCY @ SWAPANA, SANIL COTTAGE, EDAVATTOM, VELLIMON.P.O, KUNDARA, KOLLAM. BY PUBLIC PROSECUTOR SHRI K.J. MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/02/2011 ALONG WITH CRL.MC.NO. 608 OF 20111, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. Nos.607 & 608 of 2011 ==================================== Dated this the 25th day of February, 2011 O R D E R The de facto complainant in C.C.No.134 of 2009 of the court of learned Judicial First Class Magistrate-I, Kollam and C.C.No.2910 of 2008 of the court of learned Judicial First Class Magistrtate-II, Kollam requests this Court to quash proceeding against respondents 2 to 5, her former husband and his parents. C.C. No.134 of 2009 arose from the final report in Crime No.847 of Kundara police station for offence punishable under Section 498A read with Section 34 of the Indian Penal Code (for short, “the IPC”) . C.C No.2910 of 2008 arose from final report in Crime No.250 of 2007 of Kundara police Station for offences punishable under Sections 420 and 406 read with 34 of the IPC. In both the cases respondent No.2 is the former husband of petitioner and respondents 3 and 4 are his parents. Parties have settled the dispute in the Lok Adalath conducted by this Court and an award was passed on 22.03.2010 (Annexure-A2). It is seen from Annexure-A2 that the matter has been settled between the parties. Annexure-A3 is the affidavit sworn by petitioner. I have heard CRL.M.C. Nos.607 & 608 of 2011 -: 2 :- learned counsel and the learned Public Prosecutor. 2. Essentially the dispute is between petitioner, her former husband and his parents. That has been settled amicably. Hence it is not necessary to continue the proceeding. Hence I am inclined to allow this petition. Resultantly, these Criminal Miscellaneous Case are allowed. Final reports in Crime No.847 of 2008 and 250 of 2007 of Kundara police station, cognizance taken thereon and all proceedings in C.C. No.134 of 2009 of the court of learned Judicial First Class Magistrate-I, Kollam and C.C. No.2910 of 2008 of the court of learned Judicial First Class Magistrate-II, Kollam against respondents 2 to 5 are quashed. THOMAS P. JOSEPH, JUDGE. vsv