IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 17TH JUNE 2011 / 27TH JYAISHTA 1933 Crl.MC.No. 1824 of 2011() ------------------------- CC.264/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, NEDUMANGAD .................... (CRIME NO.142/2008 OF PANGODE POLICE STATION,THIRUVANANTHAPURAM) ....... PETITIONER(S): ACCUSED 1 TO 3 & 5: --------------------------------------------------------- 1. MADHUMOHAN J.NAIR, AGED 40 YEARS, S/O.JAYAMOHAN NAIR, PUTHUMANA,VELINELLOOR, OYOOR,KOLLAM DISTRICT. 2. V.JAYAMOHAN NAIR, AGED 68 YEARS, PUTHUMANA,VELINELLOOR, OYOOR,KOLLAM DISTRICT. 3. VIJAYALEKSHMI AMMA,AGED 61 YEARS, W/O.JAYAMOHAN NAIR, PUTHUMANA,VELINELLOOR, OYOOR,KOLLAM DISTRICT. 4. RAJANI, AGED 37 YEARS, D/O.JAYAMOHAN NAIR, PUTHUMANA,VELINELLOOR, OYOOR,KOLLAM DISTRICT. BY ADV. SRI.C.A.CHACKO RESPONDENT(S): STATE & DEFACTO COMPLAINANT: --------------------------------------------------------------------------------- 1. THE STATION HOUSE OFFICER, PANGODE POLICE STATION, THIRUVANANTHAPURAM DISTRICT THROUGH THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. 2. DR.KAVERI VARMA, AGED 37 YEARS, D/O.PARAMESWARI,FLAT NO-313 BLOCK .D, HOUSING BOARD FLAT,OPP.NIRMALA BHAVAN HIGH SCHOOL, NEAR DEVASWOM BOARD JUNCTION, KAWDIAR P.O., THIRUVANANTHAPURAM DISTRICT. R1 BY PUBLIC PROSECUTOR SRI. V. MANU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss CRMC.NO.1824/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX.A1: COPY OF THE FINAL REPORT IN CRIME NO.142/2008 OF PANGODE POLICE STATION. ANNEX.A2: COPY OF THE PROCEEDINGS IN LOK ADALAT IN OP.NO.974/2007 ALONG WITH COMPROMISE PETITION FILED BEFORE THE FAMILY COURT, THIRUVANANTHAPURAM. ANNEX.A3: AFFIDAVIT DTD. 2/06/2011 SWORN BY THE 2ND RESPONDENT. RESPONDENT'S ANNEXURES: N I L /TRUE COPY/ P.S.TO JUDGE Kss THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1824 of 2011 ==================================== Dated this the 17th day of June, 2011 O R D E R Petitioners are accused 1 to 3 and 5 in Crime No.142 of 2008 of Pangode Police Station and C.C. No.264 of 2009 of the court of learned Judicial First Class Magistrate-II, Nedumangad for offences punishable under Sections 498A and 406 read with Section 34 of the Indian Penal Code. That case was registered on a complaint preferred by the second respondent. Petitioners and second respondent state that dispute is settled in the Adalath attached to the Family Court, Thiruvananthapuram (as revealed by Annexure-A2) and in the circumstances request that proceeding against petitioners may be quashed. I have heard learned counsel for petitioners, second respondent and learned Public Prosecutor. 2. The 4th accused in the case is abroad. Learned counsel on both sides confirmed settlement as revealed by Annexures-A2 and A3. Annexure-A3 is the affidavit sworn by the second respondent where she has stated that she settled the dispute with petitioners. Learned counsel for second respondent confirmed authenticity and genuineness of Annexure-A3, affidavit. Since the dispute is personal CRL.M.C. No.1824 of 2011 -: 2 :- to and between petitioners and second respondent which is settled there is no reason why I should reject the request of petitioners. Second respondent has no objection in quashing the proceeding against the 4th accused also as the dispute is settled. Hence the benefit of this order should go to the 4th accused also. In the circumstances stated above, I am inclined to allow the petition. Resultantly, Criminal Miscellaneous Case is allowed. Annexure-A1, final report in Crime No.142 of 2008 of Pangode Police Station, cognizance taken thereon and proceedings pursuant thereto in C.C. No.264 of 2009 of the court of learned Judicial First Class Magistrate-II, Nedumangad against petitioners/accused 1 to 3 and the 4th accused are quashed. THOMAS P. JOSEPH, JUDGE. vsv