IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 1ST JUNE 2011 / 11TH JYAISHTA 1933 Crl.MC.No. 1591 of 2011() -------------------------------------- CR. 1085/2010 OF NJARAKKAL POLICE STATION. CC.44/2011 of JUDL. MAGISTRATE OF FIRST CLASS-I, KOCHI .................... PETITIONER(S): ACCUSED 1 TO 5 & DEFACTO COMPLAINANT ----------------------------------------------------------------------------------------- 1. RINSON, AGED 36 YEARS, S/O.THOMAS, MALIEKKAL HOUSE, NJARAKKAL VILLAGE, KOCHI TALUK, ERNAKULAM DISTRICT. PIN - 682 505. 2. THOMAS, AGED 59 YEARS, MALIEKKAL HOUSE, NJARAKKAL VILLAGE, KOCHI TALUK, ERNAKULAM DISTRICT. PIN - 682 505. 3. ALICE, AGED 57 YEARS, W/O.THOMAS, MALIEKKAL HOUSE, NJARAKKAL VILLAGE, KOCHI TALUK, ERNAKULAM DISTRICT. PIN - 682 505. 4. VINCENT, AGED 33 YEARS, S/O.THOMAS, MALIEKKAL HOUSE, NJARAKKAL VILLAGE, KOCHI TALUK, ERNAKULAM DISTRICT. PIN - 682 505. 5. NELSON, AGED 31 YEARS, S/O.THOMAS, MALIEKKAL HOUSE, NJARAKKAL VILLAGE, KOCHI TALUK, ERNAKULAM DISTRICT. PIN - 682 505. 6. VINI, AGED 26 YEARS, D/O.CHUMMAR, THATTUPURAKKAL HOUSE, MALIPPURAM, ELAMKUNNAPUZHA VILLAGE, KOCHI TALUK, ERNAKULAM DISTRICT 682 503. BY ADV. SRI.P.M.MANASH SRI.C.ANILKUMAR (KALLESSERIL) SRI.M.S.UNNIKRISHNAN tss CRMC. NO.1591/2011 RESPONDENT(S): COMPLAINANT ------------------------------------------------ STATE OF KERALA (REP. BY THE SUB INSPECTOR OF POLICE, NJARAKKAL POLICE STATION - CR.1085/2010 OF NJARAKKAL POLICE STATION) REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY PUBLIC PROSECUTOR SRI.K.J.MOHAMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1591 of 2011 ==================================== Dated this the 01st day of June, 2011 O R D E R Petitioners 1 to 5 are the accused and the sixth petitioner is the de facto complainant in Crime No.1085 of 2010 of Njarakkal Police Station for offence punishable under Section 498A read with Section 34 of the Indian Penal Code. On the complaint of the sixth petitioner the police registered a case, investigated and filed Annexure-A, final report. Learned Judicial First Class Magistrate-I, Kochi took cognizance and filed C.C. No.44 of 2011. Petitioners 1 to 5 seek to quash proceedings against them on the strength of a settlement reached with the sixth petitioner. I have heard learned counsel for petitioners and the learned Public Prosecutor. 2. Learned counsel for petitioners confirmed the settlement reached between petitioners 1 to 5 and the sixth petitioner. De facto complainant has also joined the petition to quash proceedings against petitioners 1 to 5. Since the dispute which is personal to and between petitioners 1 to 5 and the sixth petitioner and that dispute is settled I am inclined to allow the CRL.M.C. No.1591 of 2011 -: 2 :- petition. Resultantly, Criminal Miscellaneous Case is allowed. Final report in Crime No.1085 of 2010 of Njarakkal Police Station, cognizance taken thereon and all further proceedings in C.C. No.44 of 2011 of the court of learned Judicial First Class Magistrate-I, Kochi against petitioners 1 to 5 are quashed. THOMAS P. JOSEPH, JUDGE. vsv