IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 8TH APRIL 2011 / 18TH CHAITHRA 1933 Crl.MC.No. 936 of 2011() ----------------------------- (C.C. NO.174/2006OF JUDICIAL FIRST CLASS MAGISTRATE COURT, PONNANI) ....................... PETITIONER(S): ------------------- 1. SANTHOSH KUMAR, AGED 35 YEARS, S/O.HARIDASAN, SHOOLAPURATH HOUSE, P.O.KADAVANADU, PONNANI TALUK, MALAPPURAM DISTRICT. 2. SHEEJA NARAYANAN, AGED 37 YEARS, W/O.NARAYANAN, PARAYAMVALAPPIL HOUSE, P.O.AAYILAKKAD, PONNANI TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.C.KHALID RESPONDENT(S): -------------------- 1. DIVYA, AGED 21 YEARS, D/O.GANGADHARAN, KANAKKOTTU HOUSE, P.O.PERUMBADAPPU, PONNANI TALUK, MALAPPURAM DISTRICT - 679 101. 2. NARAYANAN, AGED 50 YEARS, PARAYAMVALAPPIL HOUSE, P.O.AAYILAKKAD, PONNANI TALUK, MALAPPURAM DISTRICT - 679 101. 3. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R1 BY ADV. SMT.P.VANDANA R3 BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs. THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.936 of 2011 --------------------------------------- Dated this 08th day of April, 2011 ORDER Petitioners are accused in Crime No.250 of 2005 of Ponnani Police Station and C.C.No.174 of 2006 of the Court of learned Judicial First Class Magistrate, Ponnani for offences punishable under Sec.498A and 406 r/w Sec.34 of the Indian Penal Code. That case was registered on a complaint preferred by the first respondent. Petitioners request to quash proceeding against them on the strength of a settlement reached with the first respondent. I have heard learned counsel for petitioners, first respondent and the learned Public Prosecutor. 2. Learned counsel for petitioners and the first respondent have confirmed the settlement. Learned counsel for first respondent also confirmed authenticity of affidavit sworn by the first respondent (and attested by the counsel appearing for her) where it is stated that she has settled the dispute with the first petitioner and that she has no objection in quashing the proceeding against petitioners. It is stated that first respondent is now living with first petitioner. Learned counsel on both sides submits that second accused died pending proceeding. Crl.M.C.No.936 of 2011 -: 2 :- 3. In the light of the circumstances stated above, it is not necessary to continue the proceeding. Hence I am inclined to allow the petition. Resultantly this criminal miscellaneous case is allowed. Final report in Crime No.250 of 2005 of Ponnani Police Station, cognizance taken thereon and proceeding against petitioners in C.C.No.174 of 2006 of the Court of learned Judicial First Class Magistrate, Ponnai are quashed. (THOMAS P JOSEPH, JUDGE) Sbna/-