IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 24TH MAY 2011 / 3RD JYAISHTA 1933 Crl.MC.No. 1431 of 2011() -------------------- CC.471/2009 of JUDL. FIRST CLASS MAGISTRATE COURT-II, PALAKKAD .................. PETITIONERS/ACCUSED : -------------------------------------- 1. RAMADAS N., S/O. LATE MADHAVAN, NAMPULLIPURA HOUSE, NAMPULLI P.O., MUNDOOR, PALAKKAD. 2. DHAMAYANTHI, W/O. LATE MADHAVAN, NAMPULLIPURA HOUSE, NAMPULLI P.O., MUNDOOR, PALAKKAD. BY ADVS. SRI.M.R.NANDAKUMAR SRI.JOSWIN THAMBI KUNNATH RESPONDENTS / COMPLAINANT & STATE : --------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 31. 2. SUB INSPECTOR OF POLICE, KONGADU POLICE STATION – 678 901. 3. SUMA K.P., D/O. PRABHAKARAN, KUNNAMPARA HOUSE, KINAVALLOOR, PARALI P.O., PALAKKAD – 678 908. R1 & R2 BY PUBLIC PROSECUTOR SRI. K.J. MOHAMED ANZAR R3 BY ADV. SRI. K. ANAND THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.1431 of 2011 --------------------------------------- Dated this 24th day of May, 2011 ORDER Petitioners are accused in Crime No.232 of 2009 of Kongadu Police Station and C.C.No.471 of 2009 of the Court of learned Judicial First Class Magistrate-II, Palakkad for offence punishable under Sec.498A r/w Sec.34 of the Indian Penal Code. That case was registered on a complaint preferred by the third respondent/de facto complainant, wife of the first petitioner. Petitioners request to quash proceeding against them on the strength of a settlement reached with the third respondent. Third respondent has filed an affidavit stating that the dispute is settled with petitioners, that she has no objection in allowing the criminal miscellaneous case and in quashing proceeding against petitioners. I have heard learned counsel and the learned Public Prosecutor. 2. Petitioners and the third respondent have confirmed the settlement. Learned counsel for third respondent also confirmed genuineness and authenticity of affidavit of the third respondent. It is seen from the affidavit of the third respondent that the matter is settled between parties. Learned counsel Crl.M.C.No.1431 of 2011 -: 2 :- submitted that pursuant to the settlement the third respondent is living with the first petitioner as his wife. In the circumstance I am inclined to allow this petition. Resultantly this criminal miscellaneous case is allowed. Final report in Crime No.232 of 2009 of Kongadu Police Station and proceedings against petitioners in C.C.No.471 of 2009 of the Court of learned Judicial First Class Magistrate-II, Palakkad are quashed. (THOMAS P JOSEPH, JUDGE) Sbna/-