IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 1ST FEBRUARY 2011 / 12TH MAGHA 1932 Crl.MC.No. 4912 of 2010() --------------------------------------- (CR.NO.325/2010 OF KILIKOLLOR POLICE STATION) .................... PETITIONER(S): ACCUSED 1 TO 4: --------------------------------------------------- 1. KAILAS, AGED 32 YEARS, S/O. SADASIVAN NAIR, KAILAS BHAVAN, MYTHRI NAGAR-72, KALLUMTHAZHAM.P.O,KILIKOLOOR,KOLLAM. 2. SADASIVAN NAIR, AGED 76 YEARS, KAILAS BHAVAN, MYTHRI NAGAR-72, KALLUMTHAZHAM.P.O,KILIKOLOOR,KOLLAM. 3. SYAMALA, AGED 66 YEARS, W/O. SADASIVAN NAIR, KAILAS BHAVAN,MYTHRI NAGAR-72, KALLUMTHAZHAM.P.O,KILIKOLOOR,KOLLAM. 4. PADMAPRIYA, AGED 35 YEARS, W/O. BABU, KAILAS BHAVAN, MYTHRI NAGAR-72, KALLUMTHAZHAM.P.O,KILIKOLOOR, KOLLAM. BY ADVS. SRI. K.SHAJ, SRI.SAJJU.S, SRI.H.HARIKUMAR (KOLLAM). RESPONDENT(S): STATE AND DEFACTO COMPLAINANT: ------------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SEETHA LEKSHMI, D/O. SANKARAN NAIR, KALLUVILA PUTHEN VEEDU, VELLIMON WEST, PERINAD, KOLLAM. R1 PUBLIC PROSECUTOR SRI. SABU SREEDHARAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P.JOSEPH, J. ------------------------------- Crl.M.C.No.4912 of 2010 ------------------------------- Dated this the 1st day of February, 2011. O R D E R This petition is filed by accused nos.1 to 4 in Crime No.325 of 2010 of Kilikolloor Police Station pending investigation for offences punishable under section 498(a) and section 341 r/w section 34 of the Indian Penal Code. Petitioners seek to quash the proceedings against them pursuant to Annexure A1, FIR in view of settlement reached with respondent no.2, the defacto complainant, and wife of the first petitioner. It is submitted by learned counsel for petitioners and respondent no.2, that pursuant to the settlement reached between the parties as disclosed by Annexure A2, affidavit sworn by respondent no.2 she is living with the first petitioner as wife of the latter. Hence it is requested that proceedings may be quashed. Learned Public Prosecutor after getting instruction submitted that there is a settlement between petitioners and respondent no.2. 2. Annexure A2 affidavit shows that respondent no.2 is now 2 Crl.M.C.No.4912 of 2010 living with the first petitioner as his wife. The dispute between the parties is already settled. In such a situation, to maintain the cordial relationship the parties have arrived and since there is no possibility of prosecution ending in a successful culmination, I am inclined to allow this petition. Resultantly, this petition is allowed. Annexure A1, FIR in Crime No.325 of 2010 of Kilikolloor Police Station and the proceedings pursuant thereto against petitioners will stand quashed. THOMAS P.JOSEPH, Judge ami/