IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 12TH APRIL 2011 / 22ND CHAITHRA 1933 Crl.MC.No. 1205 of 2011() ------------------------- CC.302/2006 of JUDL.MAGISTRATE OF FIRST CLASS, NORTH PARUR CRIME NO.85/2006 OF ELOOR POLICESTATION .................... PETITIONER(S)/ACCUSED: --------------- 1. C.S.MURUKESAN, S/O.SUBRAMANYAN, CHETTIPARAMBIL HOUSE, ELOOR SOUTH, UDYOGAMANDAL P.O. 2. SUBRAMANYAN, AGED 67 YEARS, CHETTIPARAMBIL HOUSE, ELOOR SOUTH, UDYOGAMANDAL P.O. 3. SUSHEELA, AGED 56 YEARS, W/O.SUBRAMANYAN, DO. DO. 4. DINESH KUMAR, AGED 36 YEARS, S/O.SUBRAMANYAN, DO. DO. 5. JAYALAKSHMI, AGED 34 YEARS, DO. DO. DO. BY ADV. SRI.P.K.ABOOBACKER(EDAPPALLY) RESPONDENT(S)/COMPLAINANT: --------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. MINI.M.V, D/O.LATE P.C.VASU, VRINDAVANAM, MANATHUTHUNDIL HOUSE, VAZHAKKALA, KAKKANAD, KOCHI-30. ADV. SRI.M.V.KISHORE KUMAR FOR R2 PUBLIC PROSECUTOR SHRI K.J.MOHAMMED ANZAR FOR R1 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No. 1205 of 2011 ==================================== Dated this the 12th day of April, 2011 O R D E R Petitioners are accused 1 to 5 in Crime No.85 of 2006 of Eloor Police Station and C.C. No.302 of 2006 of the court of learned Judicial First Class Magistrate, North Parur for offence punishable under Section 498A read with Section 34 of the Indian Penal Code. That case was registered on the complaint preferred by the second respondent, wife of first petitioner. Petitioners request this court to quash proceeding against them on the strength of a settlement reached with the second respondent. I have heard learned counsel petitioner, second respondent and the learned Public Prosecutor. Learned counsel on either side confirmed the settlement. Learned counsel for second respondent submitted that connected proceedings are also settled and that the second respondent does not want to proceed with prosecution against petitioners. She has no objection in quashing the proceeding, it is submitted. 2. It is seen that other matrimonial proceedings between CRL.M.C. No.1205 of 2011 -: 2 :- first petitioner and second respondent are also settled and as part of the settlement, certain amount has been given to the second respondent as per Demand Draft dated 25.03.2011, receipt of which is acknowledged by the second respondent. In the meantime C.C. No.302 of 2006 was taken up for evidence and the second respondent was examined as P.W1. She stated about her experience in chief examination but in cross-examination she admitted that the entire matter has been settled between herself and petitioners and none of petitioners caused any hurt to her. She also stated that she has no complaint against petitioners (See Annexure-A4, copy of deposition of second respondent). She was specific that none of the accused caused any harm to her and that herself and first petitioner have filed a joint petition in the Family Court. Consequent to the settlement, herself and first petitioner are residing separately. She has no compliant against any of the petitioners. 3. In view of the above situation though recording of evidence has started it is not necessary to continue the proceeding. Hence I am inclined to allow this Crl. M.C. Resultantly, Criminal Miscellaneous Case is allowed. Annexure-A1, final report in Crime No.85 of 2006 of Eloor Police CRL.M.C. No.1205 of 2011 -: 3 :- Station, cognizance taken thereon and proceeding against petitioners/accused 1 to 5 in C.C. No.302 of 2006 of the court of learned Judicial First Class Magistrate, North Parur are quashed. THOMAS P. JOSEPH, JUDGE. vsv