IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 3RD JUNE 2011 / 13TH JYAISHTA 1933 Crl.MC.No. 1626 of 2011 ---------------------------------- [CC.NO.289/2007 OF JUDICIAL MAGISTRATE OF FIRST CLASS COURT, MAVELIKKARA] .................... PETITIONERS/ACCUSED: ------------------------------------ 1. RASHEED,AGED 33 YEARS, S/O.MAITHEENPICHARAVUTHAR,RESIDING AT PULINTHANATH, VADAKETHILVEEDU,VEETIYAR MURI,VETTIYAR VILLAGE. 2. SHAMS,AGED 41 YEARS, S/O.MAITHEENPICHARAVUTHAR,RESIDING AT PULINTHANATH, VADAKETHILVEEDU,VEETIYAR MURI,VETTIYAR VILLAGE. BY ADVS. SRI.P.KRISHNA KUMAR (ALAPPUZHA), SRI.SUNIL J.CHAKKALACKAL. RESPONDENTS/COMPLAINANT: ----------------------------------------------- 1. THE STATE OF KERALA,REP.BY THE SHO OF POLICE KURATHIKAD,THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. MINIMOL,AGED 32 YEARS, D/O.FATHIMA BEEVI,NISA BHAVANAM, PEROORKARYMA,CHARUMMOODU P.O, PIN- 690 505, THAMARAKULAM VILLAGE FROM KUTTIYIL PADITATHIL, VETTIYAR MURI,VETTIYAR VILLAGE, ALAPPUZHA DISTRICT. R1 BY PUBLIC PROSECUTOR SRI. MANU, R2 BY ADV. SRI.R.RAJENDRA PRASAD. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.1626 of 2011 --------------------------------------- Dated this 03rd day of June, 2011 ORDER Petitioners faced trial in C.C.No.289 of 2007 of the Court of learned Judicial First Class Magistrate-I, Mavelikkara for offence punishable under Sec.498A r/w Sec.34 of the Indian Penal Code were convicted and sentenced. First petitioner was sentenced to undergo imprisonment for four months and payment of fine of `.3,000/- to the second respondent, the de facto complainant. The second petitioner was sentenced to undergo imprisonment for three months. Petitioners preferred Crl.Appeal.No.524 of 2010 which is pending before learned Additional Sessions Judge, Mavelikkara. At that stage, parties have settled the dispute and accordingly have come to this Court requesting to quash proceeding against petitioners. I have heard learned counsel for petitioners, second respondent and the learned Public Prosecutor. 2. Annexure-3 is the affidavit sworn by second respondent and attested by a Notary Public. In that affidavit it is stated that she has settled the dispute with petitioners and that she has no objection in quashing judgment in C.C.No.289 of 2007 Crl.M.C.No.1626 of 2011 -: 2 :- referred above. Parties have also produced photocopy of the agreement (Annexure-2) executed between them stating the terms and conditions of settlement. Authenticity and genuineness of the affidavit and agreement are confirmed by counsel on both sides. This Court in Biju Eappen Vs. State of Kerala (2010(1) KLT 289) has held that it is within the power of this Court under Sec.482 of the Code of Criminal Procedure to quash conviction and sentence imposed by the subordinate Criminal Court. That was a case involving conviction under Sec.498A of the IPC. Having regard to the circumstances stated, I am inclined to allow this petition. Resultantly this criminal miscellaneous case is allowed. Judgment of learned Judicial First Class Magistrate-I, Mavelikkara in C.C.No.289 of 2007 convicting and sentencing petitioners is quashed. Consequently, Crl.Appeal.No.524 of 2010 pending before learned Additional Sessions Judge, Mavelikkara will stand closed. (THOMAS P JOSEPH, JUDGE) Sbna/- /True Copy/ P.A to Judge