IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 23RD MARCH 2011 / 2ND CHAITHRA 1933 Crl.MC.No. 791 of 2011(B) ------------------------------------ [CMP.NO.6073/2010 OF THE JUDICIAL MAGISTRATE OF FIRST CLASS COURT, ERATTUPETTA, KOTTAYAM DISTRICT] .................... PETITIONERS/ACCUSED: ------------------------------------ 1. JUSTIN V.A., S/O.ABRAHAM, VALLILAKATTU HOUSE, KODUMPIDI P.O., KOTTAYAM DISTRICT - 686 651. 2. ABRAHAM, VALLILAKATTU HOUSE, KODUMPIDI P.O., KOTTAYAM DISTRICT - 686 651. 3. ELIKUTTY, W/O.ABRAHAM, VALLILAKATTU HOUSE, KODUMPIDI P.O., KOTTAYAM DISTRICT - 686 651. 4. AUGUSTINE ABRAHAM, S/O.ABRAHAM, VALLILAKATTU HOUSE, KODUMPIDI P.O., KOTTAYAM DISTRICT - 686 651. BY ADV. SRI.JOHN JOSEPH. RESPONDENTS/COMPLAINANT & STATE: ------------------------------------------------------------ 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT, ERNAKULAM. 2. SONIA E.JOSEPH, D/O.JOSEPH, KADATHUKADAVU P.O., MOONILAVU, KOTTAYAM DISTRICT. R1 BY PUBLIC PROSECUTOR SRI. K.J. MOHAMMED ANZAR, R2 BY ADV. SRI.UNNI SEBASTIAN KAPPEN. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.791 of 2011 -------------------------------------- Dated this the 23rd day of March, 2011. ORDER Petitioners are accused in Crime No.218 of 2010 of Melukavu Police station for offences punishable under Sections 324, 354, 377, 498A and 506(i) read with Section 34 of the Indian Penal Code. That case arose on a complaint filed by respondent No.2 before the learned Judicial First Class Magistrate, Erattupetta which was forwarded to the Police for investigation under Section 156(3) of the Code of Criminal Procedure. The Police after investigation has submitted Annexure-A2, final report alleging commission of offence as above stated. Parties have settled the dispute. Petitioners request that the final report and further proceeding against them may be quashed. 2. I have heard learned counsel for petitioners, respondent No.2 and the learned Public Prosecuor. 3. Learned counsel for respondent No.2 has confirmed the settlement and authenticity of Annexure-A, affidavit of respondent No.2 produced along with Crl.M.A.No.1841 of 2011. Learned counsel on both sides submit that parties have settled the dispute and accordingly first petitioner and respondent No.2 have decided to separate. 4. The offences alleged are purely personal to and between petitioners and respondent No.2. Since the dispute is settled it is not necessary to continue the proceeding. Hence I am inclined to allow this petition. Crl.MC No.791/2011 2 Resultantly this petition is allowed. Annexure-A2, final report in Crime No.218 of 2010 of Melukavu Police Station and further proceedings if any taken by the learned Judicial First Class Magistrate, Erattupetta pursuant to that final report against petitioners are quashed. THOMAS P.JOSEPH, Judge. cks