IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 14TH JUNE 2011 / 24TH JYAISHTA 1933 Crl.MC.No. 1752 of 2011() ------------------------------- CC.432/2010 of JUDICIAL MAGISTRATE OF FIRST CLASS COURT-III, PALAKKAD .................... PETITIONER(S): ACCUSED NO. 1 TO 4. --------------------------------------------- 1. RENJITH, AGED 31 YEARS,S/O.GOVINDANKUTTY MENON, SNEHANJALILYIL VEEDU, CHEPPILAMURI, AKATHETHARA, PALAKKAD DISTRICT. 2. GOVINDANKUTTY MENON,AGED 60 YEARS, S/O.ACHUTHAMENON,SNEHANJALILYIL VEEDU, CHEPPILAMURI, AKATHETHARA, PALAKKAD DISTRICT. 3. RAJALAKSHMI, AGED 50 YEARS,W/O.GOVINDANKUTTY MENON, SNEHANJALILYIL VEEDU, CHEPPILAMURI, AKATHETHARA, PALAKKAD DISTRICT. 4. RAJESH, AGED 27 YEARS, S/O.GOVINDANKUTTY MENON, SNEHANJALILYIL VEEDU, CHEPPILAMURI, AKATHETHARA, PALAKKAD DISTRICT. BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL) RESPONDENT(S): DEFACTO COMPLAINANT AND STATE ---------------------------------------------------------------- 1. GREESHMA, AGED 24 YEARS, D/O.MADAVADAS, PERUVAMBU, PALAKKAD, PALAKKAD DISTRICT - 678 001. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. R2 BY PUBLIC PROSECUTOR SRI.MANU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs CRMC.N.1752/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A:COPY OF THE FINAL REPORT IN CRIME NO.143/2010 WHICH IS NOW PENDING ON C.C. NO.432/2010 OF THE COURT OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT - III, PALAKKAD. ANNEXURE B:COPY OF THE AFFIDAVIT SWORN BY THE 1ST RESPONDENT HEREIN EVIDENCING THE AFORESAID FACT. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A. TO JUDGE. svs THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.1752 of 2011 --------------------------------------- Dated this 14th day of June, 2011 ORDER Petitioners are accused 1 to 4 in Crime No.143 of 2010 of Hemambika Nagar Police Station and C.C.No.432 of 2010 of the Court of learned Judicial First Class Magistrate-III, Palakkad for offence punishable under Sec.498A r/w Sec.34 of the Indian Penal Code. Petitioners request this Court to quash proceeding on the strength of a settlement reached with the first respondent/ de facto complainant. I have heard learned counsel for petitioner, first respondent and the learned Public Prosecutor. 2. Learned counsel on both sides have confirmed the settlement. Learned counsel for first respondent also confirmed authenticity and genuineness of Annexure-B, affidavit of the first respondent. That affidavit states that the matter is settled between the parties. Since dispute is personal to and between the parties and that dispute is settled, I am inclined to allow this petition. Resultantly this criminal miscellaneous case is allowed. Final report in Crime No.143 of 2010 of Hemambika Nagar Crl.M.C.No.1752 of 2011 -: 2 :- Police Station and further proceeding in C.C.No.432 of 2010 of the Court of learned Judicial First Class Magistrate-III, Palakkad against petitioners are quashed. (THOMAS P JOSEPH, JUDGE) Sbna/-