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. 434 of 2011() ------------------------ (CRIME NO.509/2009 OF OONUKAL POLICE STATION CC.11/2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KOTHAMANGALAM). .................... PETITIONERS/ACCUSED ---------------------------------- 1. SHIBU, S/O.KANNAN, AGED 38 YEARS, KADAPATTACHALIL HOUSE, NELLIMATTOM P.O., KOTHAMANGALAM VIA, ERNAKULAM. 2. KARTHIYANI, AGED 69 YEARS, W/O.LATE KANNAN, NADAPATTACHALIL HOUSE, NELLIMATTOM P.O., KOTHAMANGALAM VIA, ERNAKULAM. BY ADV. SRI.C.K.JAYAKUMAR RESPONDENTS/STATE & DEFACTO COMPLAINANT -------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUDHA, D/O.MATHU, AGED 31 YEARS, PALLIKA HOUSE, AIMURY P.O., ERNAKULAM DISTRICT-683 544. R1 BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA R2 BY ADV. SMT.E.SHEENA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.434 of 2011 --------------------------------------- Dated this 25th day of February, 2011 ORDER Petitioners are accused in Crime No.509 of 2009 of Oonukal Police Station and C.C.No.11 of 2010 of the Court of learned Judicial First Class Magistrate, Kothamangalam for offences punishable under Secs. 498A, 323, 406 and 506(i) r/w Sec.34 of the Indian Penal Code. Case was filed on a complaint preferred by the second respondent. Police after investigation submitted final report. Petitioners claimed to have settled the dispute with second respondent and seek to quash proceeding against them. I have heard learned counsel for petitioners, second respondent and learned Public Prosecutor. Learned counsel for second respondent has confirmed settlement and authenticity of Annexure-II, affidavit filed by the second respondent. Learned Public Prosecutor after getting instruction has confirmed the settlement. 2. It is revealed that first petitioner and second respondent filed a petition before the Family Court, Ernakulam under Sec.13B of the Hindu Marriage Act. Annexure-II also says that the matter has been settled between the parties. Hence it is Crl.M.C.No.434 of 2011 -: 2 :- not necessary to continue the proceeding. I am inclined to allow the petition. Resultantly this petition is allowed. Final report in Crime No.509 of 2009 of Oonukal Police Station, cognizance taken thereon and proceeding against petitioners in the court of learned Judicial First Class Magistrate, Kothamangalam in C.C.No.11 of 2010 are quashed. (THOMAS P JOSEPH, JUDGE) Sbna/-