IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 7TH FEBRUARY 2011 / 18TH MAGHA 1932 Crl.MC.No. 274 of 2011() ----------------------------------- CC.413/2010 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ALATHUR .................... PETITIONER(S): ACCUSED NO.1 TO 3 ------------------------------------------------------ 1. HARI, AGED 36 YEARS, S/O.RATHIMENON, HAREKRISHNA, KATTUSSERY, ALATHUR TALUK, PALAKKAD DISTRICT. 2. RATHIMENON, AGED 55 YEARS, W/O.SASI, HAREKRISHNA, KATTUSSERY, ALATHUR TALUK, PALAKKAD DISTRICT. 3. SARI, AGED 30 YEARS, W/O.PRADEEP, MANAPPULLYKKAVU, PALAKKAD TALUK, PALAKKAD DISTRICT. BY SRI.P.VIJAYA BHANU, SENIOR ADVOCATE ADV. SRI.V.A.JOHNSON (VARIKKAPPALIL) SRI.M.REVIKRISHNAN RESPONDENT(S): DEFACTO COMPLAINANT AND STATE ---------------------------------------------------------------------------------- 1. SUMA, AGED 27 YEARS, W/O.HARI, BALAMANDIRAM, VAPPILASSERRY, KAVASSERRY, ALATHUR, PALAKKAD.678 001 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.P.VENUGOPAL (1086/92) R2 BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.274 of 2011 --------------------------------------- Dated this 07th day of February, 2011 ORDER Petitioners are accused Nos.1 to 3 in C.C.No.413 of 2010 of the court of learned Judicial First Class Magistrate, Alathur requesting to quash Annexure-A, final report in Crime No. 369 of 2010 of Alathur Police Station on the strength of a compromise reached with the first respondent/de facto complainant. First petitioner and first respondent are husband and wife. Charge against petitioners is that they subjected the first respondent to cruelty demanding more ornaments and thereby committed offence punishable under Sec.498A r/w Sec.34 of the Penal code. It is seen from Annexure-B, affidavit of the first respondent that the matter is settled. Learned counsel for first respondent and the learned Public Prosecutor after getting instruction has confirmed fact of settlement. 2. Since the matter is settled between the parties, offence committed is purely personal to and between first petitioner and respondent No.1 and there is no possibility of a successful completion for prosecution I am inclined to allow the petition. Crl.M.C.No.274 of 2011 -: 2 :- Resultantly this criminal miscellaneous case is allowed. Annexure-A, final report in Crime No.369 of 2010 of Alathur Police Station, cognizance taken thereon and proceeding in C.C.No.413 of 2010 of the court of learned Judicial First Class Magistrate, Alathur against petitioners are quashed. (THOMAS P JOSEPH, JUDGE) Sbna/- /True Copy/ P.A to Judge