IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 23RD FEBRUARY 2011 / 4TH PHALGUNA 1932 Crl.MC.No. 569 of 2011() ----------------------------------- CC.1433/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, ERNAKULAM .................... PETITIONERS/A1 TO A3 ----------------------------------- 1. M.A. MADHU, AGED 34, S/O.ARAVINDAKSHAN, MADHU NIVAS, THOTTARA KARA, AMBALLOOR. 2. AMMINI, AGED 51, W/O.ARAVINDAKSHAN, MADHU NIVAS, THOTTARA KARA, AMBALLOOR. 3. BABU, AGED 44, S/O.ALUNTH HOUSE, THOTTARA KARA, AMBALLOOR. BY ADV. SRI.C.P.UDAYABHANU RESPONDENT/COMPLAINANT -------------------------------------------- 1. RENJU, AGED 24, D/O.RAJAPPAN, PUTHENTHARA HOUSE, NEAR STELLA MARY'S CONVENT, KANDANADU, MANAKUNNAM, PIN-682 305. 2. STATE OF KERALA, REPRESENTED BY THE S.I. OF POLICE, MULANTHURUTHY POLICE STATION, (CRIME NO.431/2010), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR.K.J. MOHAMMED ANZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.569 of 2011 ==================================== Dated this the 23rd day of February, 2011 O R D E R Petitioner Nos.1 to 3 are accused in Crime No.431 of 2010 of Mulanthuruthy Police Station and C.C. No.1433 of 2010 of the court of learned Judicial First Class Magistrate-I, Ernakulam for offence punishable under Section 498A read with Section 34 of the Indian Penal Code. Allegation is that petitioners subjected respondent No.1 to cruelty demanding more ornaments and money. Petitioners seek to quash proceeding on the strength of a settlement reached between them and respondent No.1. I have heard learned counsel for petitioner, respondent No.1 and the leaned Public Prosecutor. Learned counsel for respondent No.1 confirmed settlement and authenticity of Annexure-II, affidavit sworn by respondent No.1. 2. Offence is personal to and between petitioners and respondent No.1. The dispute is settled between the parties and hence there is no necessity to continue proceeding against petitioners. Hence I am inclined to allow this petition. CRL.M.C. No. 569 of 2011 -: 2 :- Resultantly, Criminal Miscellaneous Case is allowed. Annexure-I, final report, cognizance taken thereon and all proceeding in C.C. No.1433 of 2010 of the court of learned Judicial First Class Magistrate-I, Ernakulam against petitioners are quashed. THOMAS P. JOSEPH, JUDGE. vsv