IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 25TH MAY 2011 / 4TH JYAISHTA 1933 Crl.MC.No. 1497 of 2011() ------------------------- CC.1702/2010 of JUDL. MAGISTRATE OF FIRST CLASS, KASARAGOD .................... PETITIONERS/ACCUSED --------------------------------------- 1. B.RAMACHANDRAN,AGED 36 YEARS, S/O.NARAYANAN NAIR(LATE), IDUMPOORADI,MUNNAD VILLAGE AND POST,KASARGOD TALUK AND DISTRICT. 2. BETHUR SARADA AMMA,AGED 56 YEARS, W/O.NARAYANAN NAIR(LATE), IDUMPOORADI,MUNNAD VILLAGE AND POST, KASARGOD TALUK AND DISTRICT. 3. K.C.RAJAN,IDUMPOORADI,MUNNAD VILLAGE AND POST,KASARGOD TALUK AND DISTRICT. 4. PADMAVATHY,W/O.K.C.RAJAN,IDUMPOORADI, MUNNAD VILLAGE AND POST, KASARGOD TALUK AND DISTRICT. BY ADVS. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH RESPONDENT/STATE AND DEFACTO COMPLAINANT ----------------------------------------------------------------------------------- 1. STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. PRASEEJA.R.K,AGED 30 YEARS, W/O.B.RAMACHANDRAN, D/O.RAGHAVAN, R/AT KATTATHABAYAL VISHNU NIVAS, ADHURE VILLAGE, KUNTAR.P.O, KASARGOD TALUK. R1 BY PUBLIC PROSECUTOR SRI.K.J.MOHAMED ANZAR R1 BY ADV. SRI.JACOB SEBASTIAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1497 of 2011 ==================================== Dated this the 25th day of May, 2011 O R D E R Petitioners are accused in Crime No.221 of Adhure Police Station and C.C. No.1702 of 2010 of the court of learned Judicial First Class Magistrate-I, Kasargod for offence punishable under Section 498A read with Section 34 of the Indian Penal Code. Case was registered on a complaint preferred by the second respondent. Petitioners request to quash proceedings against them on the strength of a settlement reached with the second respondent. I have heard learned counsel for petitioners, second respondent and the learned Public Prosecutor. Learned counsel for petitioners and second respondent confirmed the settlement and authenticity and genuineness of Annexure-A3, agreement entered between the parties. Learned counsel for second respondent has also confirmed genuineness of Annexure-A2, affidavit sworn by the second respondent and submitted that the entire dispute is settled. Pursuant to Annexure-A3, agreement first petitioner and second respondent are living separately. In the affidavit also second respondent stated that the entire dispute CRL.M.C. No.1497 of 2011 -: 2 :- the settled and that she has no objection in quashing the proceeding against petitioners. Since the dispute is personal to and between petitioners and the second respondent and that dispute is settled, I am inclined to allow the petition. Resultantly, Criminal Miscellaneous Case is allowed. Final report in Crime No.221 of Adhure Police Station, cognizance taken thereon and all proceeding against petitioners in C.C. No.1702 of 2010 of the court of learned Judicial First Class Magistrate, Kasargod are quashed. THOMAS P. JOSEPH, JUDGE. vsv