IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 12TH APRIL 2011 / 22ND CHAITHRA 1933 Crl.MC.No. 1186 of 2011() ------------------------- CC.1242/2005 of JUDL. MAGISTRATE OF FIRST CLASS COURT,CHALAKUDY CRIME NO.54/2005 OF KORATTY POLICESTATION .................... PETITIONER(S): 1ST ACCUSED -------------------------- SHAFEEQUE, S/O.LATE ABDULLA, CHAMABTTU HOUSE, MAMBRA, KALLUR- THEKKUMURI VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.A.C.DEVY RESPONDENT(S): COMPLAINANT & STATE ---------------------------------- 1. FOUSIYA, AGED 34 YEARS, D/O.ADDIMUNNYI, MARATH HOUSE, CHANDAPURAM DESOM, LOKAMALASHWARAM VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT. 2. THE STATE OF KERALA REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.P.S.LATHEESH FOR R1 PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/04/2011, ALONG WITH CRL.MC NO.1253/2011 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. Nos.1186 & 1253 of 2011 -------------------------------------- Dated this the 12th day of April, 2011. ORDER These Criminal Miscellaneous Cases are filed by accused No.1 and accused 2 to 5, respectively in Crime No.54 of 2005 of Koratty Police Station and C.C.No.1242 of 2005 of the court of learned Judicial First Class Magistrate, Chalakkudy for offence punishable under Section 498A read with Section 34 of the Indian Penal Code. Petitioners seek to quash proceeding against them on the strength of a settlement reached with respondent No.1, the defacto complainant and wife of petitioner in Crl.M.C.No.1186 of 2011. I have heard learned counsel for petitioners, respondent No.1 and the learned Public Prosecutor. 2. Annexure-B is the photocopy of agreement executed between petitioner in Crl.M.C.No.1186 of 2011 and respondent No.1 in these cases which shows that parties effected divorce. The said agreement specifically refers to the agreement between the parties and willingness of respondent No.1 to withdraw her complaint in C.C.No.1242 of 2005 referred to above. Annexure-C is the affidavit of respondent No.1 where she has stated that the case is settled with petitioners and that she has no objection in terminating the proceeding. Learned counsel on both sides confirmed the settlement and authenticity of agreement and affidavit signed by their respective parties. In view of the Crl.MC Nos.1186 & 1253/2011 2 settlement reached between the parties continuance of proceeding is not necessary. Resultantly these Criminal Miscellaneous Cases are allowed. The final report in Crime No.54 of 2005 of the Koratty Police Station, cognizance taken thereon and proceeding against petitioners (accused 1 to 5) in C.C.No.1242 of 2005 of the court of learned Judicial First Class Magistrate, Chalakkudy are quashed. THOMAS P.JOSEPH, Judge. cks