IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 8TH MARCH 2011 / 17TH PHALGUNA 1932 Crl.MC.No. 643 of 2011() ------------------------ CC NO.121/2007 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, OTTAPALAM. CRIME NO.484/2006 OF CHERPULASSERI POLICE STATION. ------- PETITIONER/DEFACTO COMPLAINANT --------------------------------------------------------- RAJANI, AGED 32 YEARS, D/O.RAJAN NAIR, RAJANI NIVAS, P.O.MUNDAKKOTTUKURUSSI, OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SRI.P.JAYARAM RESPONDENTS/STATE & ACCUSED --------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SASIKUMAR, AGED 35 YEARS, S/O.RAMANAKUTTY NAIR, KANNATH HOUSE, P.O.NADUVATTOM, THIRUVEGAPPURA, OTTAPALAM TALUK, PALAKKAD DISTRICT. 3. RAMANKUTTY NAIR, AGED 55 YEARS, S/O.RAMAN NAIR, KANNATH HOUSE, P.O.NADUVATTOM, THIRUVEGAPPURA, OTTAPALAM TALUK, PALAKKAD DISTRICT 4. THANKAMANI AMMA, AGED 50 YEARS, W/O.RAMANKUTTY NAIR, KANNATH HOUSE, P.O.NADUVATTOM, THIRUVEGAPPURA, OTTAPALAM TALUK, PALAKKAD DISTRICT. 5. NANDAN @ NANDAKUMAR, AGED 40 YEARS, S/O.GOVINDAN NAIR, KANNATH HOUSE, P.O.NADUVATTOM NOW RESIDING AT PARAPPURATH HOUSE, P.O.EDAPPALAM, OTTAPALAM TALUK, PALAKKAD DISTRICT. Crl.MC.No. 643 of 2011() ----------------------------------- 6. RADHA @ RADHIKA, AGED 30 YEARS, W/O.NANDAKUMAR, KANNATH HOUSE, P.O.NADUVATTOM NOW RESIDING AT PARAPPURATH HOUSE, P.O.EDAPPALAM, OTTAPALAM TALUK, PALAKKAD DISTRICT, BY PUBLIC PROSECUTOR SRI.MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.643 of 2011 --------------------------------------- Dated this 08th day of March, 2011 ORDER This petition is filed by the de facto complainant, wife of the second respondent/first accused in C.C.No.121 of 2007 of the Court of learned Judicial First Class Magistrate, Ottapalam arising from the final report in Crime No.484 of 2006 of Cherpulasseri Police Station for offences punishable under Sec. 498A r/w Sec.149 of the Indian Penal Code. Petitioner seeks to quash proceeding against respondent Nos.2 to 6, her husband and his relatives on the strength of a settlement reached between her and the second respondent. I have heard learned counsel for petitioner and the learned Public Prosecutor. 2. The de facto complainant herself has filed this petition requesting to quash the proceedings. Annexure-A5 is the affidavit filed by petitioner authenticity of which is confirmed by learned counsel for petitioner. It is revealed that petitioner and second respondent are living together and a child is born to them. In the circumstance, it is only just and proper that proceeding against respondent Nos.2 to 6 are terminated. Crl.M.C.No.643 of 2011 -: 2 :- Resultantly this criminal miscellaneous case is allowed. Final report in Crime No.484 of 2006 of Cherpulasseri Police Station, cognizance taken thereon and proceeding against respondent Nos.2 to 6 in C.C.No.121 of 2007 of the court of learned Judicial First Class Magistrate, Ottapalam are quashed. (THOMAS P JOSEPH, JUDGE) Sbna/-