IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 4TH MARCH 2011 / 13TH PHALGUNA 1932 Crl.MC.No. 40 of 2011() ---------------------------- CC.972/2010 of JUDL.MAGISTRATE OF FIRST CLASS-I, ALUVA .................... PETITIONER(S): ACCUSED A1 & 2/DEFACTO COMPLAINANT --------------------------------------------------------------------- 1. RONEY AGED 29,S/O.JOSEPH, KAITHARAKUZHIYIL HOUSE, KANGARAPPADY, VADAVUKODU, ERNAKULAM DSITRICT (A1) 2. KOCHUTRESIA AGED 65, W/O.JOSEPH, KAITHARAKUZHIYIL HOUSE, KANGARAPPADY, VADAVUKODU, ERNAKULAM DISTRICT.(A2) 3. SOLEY AGED 26,W/O.RONY, KAITHARAKUZHIYIL HOUSE, KANGARAPPADY, VADAVUKODU, ERNAKULAM DISTRICT.(DEFACTO COMPLAINANT) BY ADV. SRI.K.S.RAJEEV (ALUVA) RESPONDENT(S): STATE/COMPLAINANT ----------------------------------------------- STATE OF KERALA, REPRESENTED BY SUB-INSEPCTOR OF POLICE, TRIKKAKARA POLICE STATION, BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.40 of 2011 -------------------------------------- Dated this the 4th day of March, 2011. ORDER Petitioners 1 and 2 are accused and petitioner No.3 is the defacto complainant in Crime No.449 of 2010 of Thrikkakara Police Station and C.C.No.972 of 2010 of the court of learned Judicial First Class Magistrate-I, Aluva for offence punishable under Section 498A read with Section 34 of the Indian Penal Code. Petitioners request to quash proceedings in C.C.No.972 of 2010 on the strength of a settlement reached between them. 2. Case was registered on the complaint preferred by petitioner No.3 which was sent to the Police for investigation. Police after investigation submitted final report. Petitioner No.3 has, apart from joining in this petition along with petitioners 1 and 2/accused sworn an affidavit stating that she is the wife of petitioner No.1, the dispute is settled between herself and petitioners 1 and 2 and that she is now residing with petitioner No.1. In the light of above, continuance of proceeding is not necessary. Hence I am inclined to allow the request. Crl.MC No.40/2011 2 Resultantly this petition is allowed. Annexure-A, final report in Crime No.449 of 2010 of Thrikkakara Police Station, cognizance taken thereon and proceeding against petitioners 1 and 2/accused in C.C.No.972 of 2010 of the court of learned Judicial First Class Magistrate-I, Aluva are quashed. THOMAS P.JOSEPH, Judge. cks