IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 7TH DECEMBER 2010 / 16TH AGRAHAYANA 1932 Crl.MC.No. 799 of 2010() ---------------------- CC.1358/2006 of JUDL. FIRST CLASS MAGISTRATE COURT-I, ERNAKULAM ................ PETITIONERS / ACCUSED: ------------------------------------- 1. SHAJU UNNI, AGED 37 YEARS, S/O.K.PADMANABHAN UNNI, KEERTHANAM, MUDAVOOR, MUVATTUPUZHA. 2. K.PADMANABHAN UNNI, AGED 70 YEARS, -DO- 3. SANTHA KUMARI UNNI, AGED 65 YEARS, W/O.K.PADMANABHAN UNNI, -DO- 4. SHAINA RAMESH, AGED 41 YEARS, D/O.K.PADMANABHAN UNNI, -DO- BY ADV. SRI.PRAMOD DAS LOHYA RESPONDENTS / COMPLAINANT : ------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. MS.DEEPA KARTHA, AGED 32 YEARS, D/O.RAJAN KARTHA, RATHNA VILLA, PS ROAD, KALOOR, KOCHI-17. R1 BY PUBLIC PROSECUTOR SRI. P.A. SALIM R2 BY SRI.S.SREEKUMAR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 07/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.799 OF 2010 --------------------------------------------- Dated 7th December, 2010 O R D E R Petitioners are the accused and second respondent, the de facto complainant in C.C.1358/2006 on the file of Judicial First Class Magistrate's Court-I, Ernakulam, taken cognizance for the offences under Sections 498 A, 406 and 420 read with Section 34 of Indian Penal Code. Petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings, contending that second respondent had agreed to withdraw the contentions and as second respondent is not interested in prosecuting the case further. 2. Second respondent appeared before the court and submitted that the Crmc 799/10 2 matter has not been settled. 3. At the instance of the petitioners, the case was referred to mediation. But the matter was not settled even on mediation. In such circumstances, the case cannot be quashed exercising the inherent power under Section 482 of Code of Criminal Procedure, based on the submission of the petitioners that the matter has been settled. Petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE. uj.