IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 10TH FEBRUARY 2011 / 21ST MAGHA 1932 Crl.MC.No. 412 of 2011() ---------------------------------- C.C.NO.70/2008 OF C.J.M.COURT,KOZHIKODE CRIME NO.29/2008 OF KASABA POLICE STATION, KOZHIKODE ------------------------------------ PETITIONER(S): ACCUSED ---------------------------------------- 1. SREEDEVI, W/O.SANKARA NARAYANAN, AGED 65 YEARS, RESIDING AT DOOR NO.70, SREEPADAM SREEKRISHNA NAGAR, 4TH CROSS, SHETTY HALLI, JALAHALLI WEST, BANGALORE, KARNATAKA STATE, PIN-560 015. 2. SANKARA NARAYANAN, S/O.LATE SEKHARAN NAIR, AGED 70 YEARS, RESIDING AT DOOR NO.70, SREEPADAM SREEKRISHNA NAGAR, 4TH CROSS, SHETTY HALLI, JALAHALLI WEST, BANGALORE, KARNATAKA STATE, PIN-560 015. 3. SETHUNATH.S.N, S/O.SANKARA NARAYANAN, AGED 29 YEARS, RESIDING AT DOOR NO.70, SREEPADAM SREEKRISHNA NAGAR, 4TH CROSS, SHETTY HALLI, JALAHALLI WEST, BANGALORE, KARNATAKA STATE, PIN-560 015. BY ADV. SRI. K.P. SARVOTHAMAN RESPONDENT(S): COMPLAINANT -------------------------------------------------- 1. SMT.ROSNA MOHANAN ALIAS ROSNA ADIYODI, D/O.V.K.MOHANAN ADIYODI, `SOUPARNIKA', ARUR P.O., KAKKATTIL (VIA), KOZHIKODE DISTRICT. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.K.B.ARUNKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.412 of 2011 --------------------------------------- Dated this 10th day of February, 2011 ORDER Petitioners are accused in Crime No.29 of 2008 of the Kasaba Police Station and C.C.No.70 of 2008 of the court of learned Chief Judicial Magistrate, Kozhikode for offences punishable under Secs.498A and 406 r/w Sec.34 of the Indian Penal Code. Annexure-I, FIR was registered on a complaint filed by the first respondent and forwarded to the police for investigation under Sec.156(3) of the Code of Criminal Procedure. This petition is to quash proceeding against them on the strength of a settlement reached with the first respondent. I have heard learned counsel for petitioners, first respondent and the learned Public Prosecutor. Learned counsel for first respondent confirmed the fact of settlement. 2. Annexure-II is the agreement dated 26.03.2010 executed between first respondent and her husband whereby the dispute between them has been settled. They filed a joint petition under Sec.13B of the Hindu Marriage Act before the Family Court concerned and obtained divorce, as seen from Annexure- III, order. Annexure-IV is the affidavit filed by first respondent in Crl.M.C.No.412 of 2011 -: 2 :- this Court stating that in view of the settlement she has no complaint against petitioners and does not want to proceed against them in C.C.No.70 of 2008. Since the matter has been settled between the parties and in the light of the settlement it is not necessary to proceed with the matter further, I am inclined to allow the petition. Resultantly this criminal miscellaneous case is allowed. Final report in Crime No.29 of 2008 of Kasaba Police Station, cognizance taken thereon and proceedings in C.C.No.70 of 2008 of the court of learned Chief Judicial Magistrate, Kozhikode will stand quashed against petitioners. (THOMAS P JOSEPH, JUDGE) Sbna/-