IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 10TH JUNE 2011 / 20TH JYAISHTA 1933 Crl.MC.No. 1724 of 2011() ------------------------------------- C.C. NO.47/2011 (RE-FILED FROM CC.127/2009) OF CHIEF JUDICIAL FIRST CLASS MAGISTRATE COURT, KOLLAM. CRIME NO.1416/2008 OF KOLLAM EAST POLICE STATION. .................... PETITIONER/ACCUSED: A-2 ----------------------------------------- MARIAMMA, AGED 54 YEARS, D/O.ANCHILA, MANTHUNDIL VEEDU, THEKKEMURI CHERI, EAST KALLADA VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.P.V.DILEEP RESPONDENT/COMPLAINANT --------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SALOMI, D/O.MARI STEPHAN, AGED 28 YEARS, SIMILALAYAM FROM PALLIPURAYIDAM, ERAVIPURAM, THEKKUMBHAGAM CHERI, KOLLAM TALUK, KOLLAM DISTRICT. R1 BY PUBLIC PROSECUTOR MR.V. MANU. R2 BY ADV. SRI.AJITH MURALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1724 of 2011 ==================================== Dated this the 10th day of June, 2011 O R D E R Petitioner is the second accused in Crime No.1416 of 2008 of Kollam East Police Station and C.C. No.47 of 2011 (split up from C.C. No.127 of 2009) of the court of learned Chief Judicial Magistrate, Kollam for offences punishable under Sections 498A, 323 and 506(ii) read with Section 34 of the Indian Penal Code. First accused was acquitted by Annexure-B, judgment. No appeal is filed challenging acquittal of the first accused. Petitioner requests to quash proceedings against him on the strength of a settlement. I have heard learned counsel for petitioner, second respondent and learned Public Prosecutor. 2. Second respondent has sworn an affidavit which is attested by her counsel where it is stated that she has settled the dispute with petitioner and that she does not want to continue prosecution. Counsel on both sides have confirmed the settlement. Learned counsel for second respondent has also confirmed authenticity and genuineness of the affidavit. It is revealed that the dispute is settled between parties and second respondent has no CRL.M.C. No.1724 of 2011 -: 2 :- objection in quashing proceeding against petitioner. Hence I am inclined to allow the petition. Resultantly, Criminal Miscellaneous Case is allowed. Annexure-A, final report in Crime No.1416 of 2008 of Kollam East Police station, cognizance taken thereon and all proceeding against petitioner in C.C. No.47 of 2011 of the court of learned Chief Judicial Magistrate, Kollam are quashed. THOMAS P. JOSEPH, JUDGE. vsv