IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 29TH JULY 2009 / 7TH SRAVANA 1931 Crl.MC.No. 2482 of 2009() ------------------------- CC.227/2006 of JUDL.MAGISTRATE OF FIRST CLASS COURT- II,PATHANAMTHITTA .................... (CRIME NO.117/06 OF KONNY POLICE STATION) PETITIONER(S): ACCUSED NOS. 2 & 3: --------------------------------------------------------- 1. GIRIJA LAKSHMI, D/O.SREEDARAN VAIDAYAN, SNV SADANAM, CHAKKUVARAKKAL, KOTTARAKKARA. 2. ANILKUMAR S/O.SREEDHARAN VAIDYAN, SNV SADANAM, CHAKKUVARAKKAL, KOTTARAKARA. BY ADV. MR.ALEXANDER GEORGE RESPONDENT(S): STATE /DEFACTO COMPLAINANT: ----------------------------------------------------------------------------- 1. STATE OF KERALA REPRESEBTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,. 2. STATION HOUSE OFFICER, KONNY POLICE STATION. 3. SUSHA, D/O.CHANDRASEKHARAN, B/52, KOWDIAR GARDENS, TRIVANDRUM. R1 & R2 BY PUBLIC PROSECUTOR MR. B.VINOD R3 BY ADV. MR.V.PHILIP MATHEW THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.2482 OF 2009 ------------------------------------------ Dated 29th July 2009 O R D E R Petitioners are accused 2 and 3 in C.C.227/2006 on the file of Judicial First Class Magistrate-II, Pathanamthitta. Prosecution case is that accused committed offence under Section 498 A read with Section 34 of Indian Penal Code. First accused is the husband and accused 2 and 3 are sister and brother of first accused. Third respondent is the wife. As per order dated 12/6/2009 in Crl.M.C.1329/2009 case as against first accused was quashed accepting the settlement between first accused and third respondent wife. This petition is filed to quash the case as against them stating that case as against them also is settled with the third respondent. 2. Third respondent appeared through a counsel and jointly filed a petition with the petitioners stating that in view of the settlement she has no objection for quashing the proceedings as CRMC 2482/09 2 against the petitioners. 3. Learned counsel appearing for petitioners, third respondent and learned Public Prosecutor were heard. 4. When accepting settlement between the husband and wife, case as against first accused husband was quashed and the joint petition filed by petitioners with third respondent establish that disputes with the petitioners and third respondent was also settled it is not in the interest of justice to continue the proceedings as against the petitioners. Petition is allowed. C.C.227/2006 on the file of Judicial First Class Magistrate-II, Pathanamthitta as against the petitioners is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj. s