IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 23RD MARCH 2011 / 2ND CHAITHRA 1933 Crl.MC.No. 933 of 2011() ----------------------------- CC.2592/2010 of JUDICIAL MAGISTRATE OF FIRST CLASS-II, KOLLAM .................... PETITIONER(S): ACCUSED 1&2 ------------------------------------ 1. NIZAR, AGED 30 YEARS, S/O.BASHEERKUTTY, VILAYIL VEEDU, KANANALOOR P.O., KOLLAM. 2. MEHARBAN, W/O.BASEERKUTTY, VILAYIL VEEDU, KANANALOOR P.O., KOLLAM. BY ADV. SRI.ARUN.B.VARGHESE RESPONDENT(S): DE FACTO COMPLAINANT & STATE ------------------------------------------------------------- 1. SHAHIMA, AGED 22 YEARS, D/O.SUBAIR, SHAFEEK MANZIL, MUTTAKAVU, NEDUMBANA P.O., KOLLAM-691580. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.JAYKAR.K.S. R2 BY PUBLIC PROSECUTOR SRI.K.J. MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs THOMAS P.JOSEPH, J. ==================================== Crl. M.C. Nos.933 & 937 of 2011 ==================================== Dated this the 23rd day of March, 2011 O R D E R These petitions concern Crime Nos.1125 of 2009 and 667 of 2010 of Kottiyam Police Station, respectively. In Crime No.1125 of 2009 the offence alleged is under Section 498A read with Section 34 of the Indian Penal Code (for short, “the IPC”) and the police after investigation submitted final report against petitioner. Learned Judicial First Class Magistrate-II, Kollam took cognizance of the offence and the case is pending as C.C. No.2592 of 2010. In Crime No.667 of 2010 petitioners are alleged to have committed offences punishable under Sections 323, 506 and 188 read with Section 34 of the IPC. Petitioners/accused 1 and 2 request this Court to quash proceedings against them in both the cases based on settlement with the de facto complainant. I have heard learned Public Prosecutor. 2. In Crl.M.C. No.933 of 2011, first respondent is the de facto complainant while in Crl. M.C. No.937 of 2011 respondents 1 and 2 are the de facto complainant and injured. Annexure-AIII in Crl. M.C. No.933 of 2011 and Annexure-AII in Crl.M.C.No.937 of 2011 are the Memoranda of Agreement executed between the CRL.M.C. Nos.933 & 937 of 2011 -: 2 :- parties under Section 89 of the Code of Civil Procedure read with the relevant rules of the Civil Procedure (Mediation) Rules, 2005 whereby the entire disputes between parties have been settled. The said Agreements say that the de facto complainant has no further grievance against petitioner. The de facto complainant and the injured have also sworn affidavits stating that the matter is settled. Learned counsel for de facto complainant and injured has confirmed the settlement and authenticity of the affidavits. 3. Essentially the dispute is personal to and between petitioner, de facto complainant and the injured arising out of matrimonial dispute between husband and wife and that dispute having been settled between parties there is no necessity to continue the proceeding against petitioners. Hence I am inclined to allow these petitions. Resultantly, these Criminal Miscellaneous Cases are allowed in the following terms: (a) Crl. M.C. No.933 of 2011: Annexure-AII, final report in Crime CRL.M.C. Nos.933 & 937 of 2011 -: 3 :- No.1125 of 2009 of Kottiyam Police Station, cognizance taken thereon and all proceeding in C.C. No.2592 of 2010 of the court of learned Judicial First Class Magistrate-II, Kollam against petitioners/accused 1 and 2 are quashed. (b) Crl. M.C. No.937 of 2011: Annexure-AI, FIR in Crime No.667 of 2010 of Kottiyam Police Station and all proceeding pursuant thereto taken against petitioners/accused 1 and 2 are quashed. THOMAS P. JOSEPH, JUDGE. vsv