IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 31ST MARCH 2011 / 10TH CHAITHRA 1933 Crl.MC.No. 1065 of 2011() ------------------------- CC.133/2009 of JUDL.MAGISTRATE OF FIRST CLASS-II, ALUVA .................... PETITIONER(S)/ACCUSED 1, 2 AND 3 :- ----------------------------------------------------- 1. NISHAD, S/O.METHAIN, MADAPPATTU HOUSE, HMT COLONY,THRIKKAKARA NORTH. 2. MOITHEEN, S/O.MUHAMMAD, MADAPPATTU HOUSE, HMT COLONY,THRIKKAKARA NORTH. 3. PATHUMMA,W/O.MOITHEEN, MADAPPATTU HOUSE, HMT COLONY,THRIKKAKARA NORTH. BY ADV. SRI.GEORGE SEBASTIAN RESPONDENT(S)/DE FACTO COMPLAINANT AND STATE :- ----------------------------------------------------------------------------------- 1. SAJEENA, D/O.ALIYAR, YAKIYA PADATH HOUSE, THRIKKAKARA NORTH VILLAGE, R/AT MADAPPATTU HOUSE, HMT COLONY, THRIKKAKARA NORTH – 682 030. 2. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 682 031. ADV. SRI.JOTHIS BABU FOR R1 PUBLIC PROSECUTOR MR.K.J.MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt THOMAS P. JOSEPH, J. ~~~~~~~~~~~~~~~~ Crl.M.C. No.1065 of 2011 ~~~~~~~~~~~~~~~~~ Dated this the 31st day of March 2011 O R D E R Petitioners are accused 1 to 3 in Crime No.252 of 2009 of Kalamassery Police Station and C.C.No.133 of 2009 of the court of learned Judicial First Class Magistrate-II, Aluva for offence punishable under Sec.498A r/w Sec.34 of the Indian Penal Code (for short, “the IPC”). Petitioners request to quash proceeding on the strength of a settlement reached with the first respondent/de facto complainant, wife of first petitioner. I have heard learned counsel for petitioners, first respondent and learned Public Prosecutor. 2. Learned counsel for petitioners and first respondent have confirmed the settlement. Learned counsel for first respondent has also confirmed authenticity of Annexure-B affidavit of first respondent. It is revealed from the said affidavit that parties have settled the dispute Crl.M.C. No.1065 of 2011 -: 2 :- and accordingly, first respondent is residing with first petitioner. In the above circumstance, it is necessary to maintain the harmonious relationship that proceeding is terminated. Resultantly, this Crl.M.C. is allowed. Final report in Crime No.252 of 2009 of Kalamassery Police Station, cognizance taken thereon and proceeding against petitioners/accused 1 to 3 in C.C.No.133 of 2009 of the court of learned Judicial First Class Magistrate-II, Aluva are quashed. THOMAS P. JOSEPH, JUDGE. Jvt