IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 29TH JUNE 2011 / 8TH ASHADHA 1933 Crl.MC.No. 1969 of 2011() ---------------------- CC.195/2011 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, CHERTHALA .............. PETITIONERS / ACCUSED : ---------------------------------------- 1. MANJUNATH.K.R, S/O.RAMANATHA KAMATH, GEETHALAYAM, KOOTTATHILARA, PADINJATTAM KOZHUVAL, NEELESWARAM, KASARGODE. 2. PREMA KAMATH, W/O.RAMANATHA KAMATH, -DO-. 3. UTHAMA KUMAR, RASHTRIYA BHAVAN, PAZHAVEEDU JUNCTION, PAZHAVEEDU VILLAGE, ALAPPUZHA. BY ADV. SRI. R. AZAD BABU RESPONDENTS / COMPLAINANTS : --------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. ANJALI M. SHARMA, D/O.MADHUSOODANA SHARMA, MUTHUVEEDU, KADAKKARAPPALLI PO, CHERTHALA, ALAPPUZHA DISTRICT - 688 001. R1 BY PUBLIC PROSECUTOR SRI. B. JAYASURYA R2 BY ADV. SRI. S. UNNIKRISHNAN (CHERUNNIYOOR) THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/- Crl.MC.No. 1969 of 2011() APPENDIX PETITIONER'S ANNEXURE'S ANNEXURE A-1 : CERTIFIED COPY OF THE F.I.R. IN CRIME NO. 274 OF 2010 DATED 16-7-2010 OF THE P.S. ARTHINKAL. ANNEXURE A-2 : COPY OF THE FINAL REPORT IN CC NO. 195 OF 2011 DATED CHIEF JUDICIAL MAGISTRATE COURT, ALAPPUZHA. ANNEXURE A-3 : ORIGINAL AGREEMENT DATED 2-9-2010 EXECUTED BETWEEN THE 1ST PETITIONER AND THE 2ND RESPONDENT. RESPONDENT'S ANNEXURE'S - NIL //TRUE COPY// P.A. TO JUDGE Mn THOMAS P. JOSEPH, J. ---------------------------------------------- Crl. M.C No. 1969 OF 2011 ----------------------------------------------- DATED THIS THE 29th DAY OF JUNE, 2011 O R D E R Petitioners are accused in Crime No.274 of 2010 of Arthinkal Police Station and CC No.195 of 2011 of Judicial First Class Magistrate Court-II, Cherthala. That case was registered initially for offences punishable under Section 498A, 384 and read with 34 of IPC on a complaint preferred by the 2nd respondent. After investigation police submitted final report against petitioners only for the offence punishable under Section 498A read with 34 of the IPC. Parties have settled the dispute and seeks to quash proceeding against petitioners. 2. Counsel on both sides confirmed the settlement and genuineness and authenticity of Annexure-3 agreement executed by 1st petitioner and 2nd respondent on 02-09-2010. It is seen that as per the settlement, 1st petitioner and 2nd respondent have jointly approached the Family Court and obtained an order of divorce on 06-05-2011. Clause 5 of Annexure-3, agreement stated that 2nd respondent has agreed to settle the criminal cases filed against petitioner including the one filed under Section Crl. M.C No.1969 of 2011 -2- 498A of IPC (i.e., the present case). Since the dispute is settled between the parties as above, I am inclined to think that proceedings need not continue. Resultantly this Crl. M.C is allowed. The final report in Crime No.274 of 2010 of Arthinkal Police Station, cognizance taken thereon and proceeding against petitioners in CC No.195 of 2011 of Judicial First Class Magistrate Court-II, Cherthala are quashed. Sd/- THOMAS P. JOSEPH JUDGE AMG True copy P.A to Judge