IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 2ND FEBRUARY 2011 / 13TH MAGHA 1932 Crl.MC.No. 338 of 2011() ------------------------ CP.57/2010 of JUDICIAL FIRST CLASS MAGISTRATE COURT,KASARAGOD CRIME NO.995/2008 OF KASARAGOD POLICESTATION .................... PETITIONER(S)/1ST AND 2ND ACCUSED: --------------- 1. K.V.KRISHNAN,S/O.CHINDAN, KIZHAKKEVEEDU,ERIKKULAM.P.O., NILESWARAM (VIA), KASARAGOD DISTRICT. 2. K.V.KALLIANI,D/O.CHINDAN, KIZHAKKEVEEDU,ERIKKULAM.P.O., NILESWARAM (VIA), KASARAGOD DISTRICT. BY ADV. SRI.M.SASINDRAN SRI.JOHNY THOMAS RESPONDENT(S)/DEFACTO COMPLAINANT: --------------- 1. SHYLAJA.P., D/O.KUMARAN, MEETHALE HOUSE,PAIKA, NEKRAJE VILLAGE AND POST, KASARAGOD DISTRICT. 2. STATE - REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.S.R.SREEJITH FOR R1 PUBLIC PROSECUTOR SHRI PUZHAKKARA MOHAMMED FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.338 of 2011 -------------------------------------- Dated this the 2nd day of February, 2011. ORDER Petitioners are accused in Crime No.995 of 2008 of Kasaragod Police Station and C.P. No.57 of 2010 of the court of learned Judicial First Class Magistrate, Kasaragod for offences punishable under Sections 498A and 307 read with Section 34 of the Indian Penal Code (for short, ”the Code”). That case arose on a private complaint filed by respondent No.1 alleging offences apart from the above, under Section 314 of the Code as well. Complaint was forwarded to the Police for investigation under Section 156(3) of the Code of Criminal Procedure. Police after investigation submitted final report (Anneuxre- AV) alleging commission of offences punishable under Sections 498A and 307 read with Section 34 of the Code. Proceedings are sought to be quashed on the strength of an agreement (Annexure-AIII) entered between petitioner No.1 and respondent No.1. Respondent No.1 has sworn an affidavit (Annexure-AIV) to that effect. 2. I have heard learned counsel for petitioners, respondent No.1 and the learned Public Prosecutor. Learned counsel for respondent No.1 has confirmed the fact of settlement between petitioners and respondent No.1. 3. Case set up by respondent No.1 in the complaint is that petitioners subjected her to cruelty demanding more ornaments and money, petitioner No.1 attempted to cause her death by throttling her and that under pressure from Crl.MC No.338/2011 2 petitioner No.1, husband she had to agree for termination of the pregnancy and thereby petitioners committed offences. However on investigation no offence under Section 314 of the Code was disclosed. 4. As of now only offences punishable under Sections 498A and 307 read with Section 34 of the Code are charged against petitioners. Incorporation of Section 307 is based on petitioner No.1 allegedly throttling respondent No.1. The dispute is settled between petitioners and respondent No.1. Annexure-AIV, affidavit sworn by respondent No.1 states that respondent No.1 has settled the dispute with petitioners and she does not want to prosecute the matter further. Respondent No.2 has no objection in closing the matter. Since offences attributed to petitioners is personal to and between petitioner No.1 and respondent No.1 and in the view of the settlement between the parties there is no possibility of successful culmination of the prosecution I am inclined to allow this petition. Resultantly this petition is allowed. Annexure-AV, final report in Crime No.995 of 2008 of Kasaragod Police Station, cognizance taken thereon and all proceedings in C.P.No.57 of 2010 of the court of learned Judicial First Class Magistrate, Kasaragod are quashed against petitioners. THOMAS P.JOSEPH, Judge. cks