IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 9TH JUNE 2011 / 19TH JYAISHTA 1933 Crl.MC.No. 1698 of 2011() ------------------------ CC NO. 1203/07 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, ATTINGAL ..................... PETITIONERS / A1 & A2 : ------------------------------------ 1. MADHULAL, S/O.LAKSHMANAN PILLA, (A1), JAYA NIVAS, MUNDICHIRA DESOM, THAZHUTHALA VILLAGE, KOLLAM DISTRICT, PERMANENTLY RESIDING AT MADUMANDIRAM, KIZHAKKECHERI DESOM, VADAKKUMKARA, THAZHUTHALA VILLAGE, KOLLAM DISTRICT. 2. GEETHA KUMARI, D/O.SUSEELA, (A2), -DO-, -DO- BY ADV. SRI. K.K. DHEERENDRAKRISHNAN RESPONDENTS / STATE & CW1 : ----------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE, MANGALAPURAM, REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. REJITHA, D/O.MATHUMATHI AMMA, THANNIKKAL VEEDU, NANTHAIVANAM, NAGAROOR VILLAGE-695 033. R1 BY PUBLIC PROSECUTOR SRI. MANU R2 BY ADV. SRI.SHAJIN S. HAMEED THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1698 & 1700 of 2011 ==================================== Dated this the 09th day of June, 2011 O R D E R These petitions are filed under Section 482 of the Code of Criminal Procedure to quash proceeding against petitioners. 2. Petitioners in Crl. M.C. No.1698 are accused 1 and 2 in Crime No.270 of 2007 of Mangalapuram Police Station and C.C. No.1203 of 2007 of the court of learned Judicial First Class Magistrate-II, Attingal for offences punishable under Sections 323 and 354 read with Section 34 of the Indian Penal Code. That case was registered on the complaint of the second respondent. The alleged incident occurred at about 5.40 p.m on 29.08.2007. It is alleged that petitioners assaulted and outraged modesty of the second respondent. Second respondent has filed an affidavit attested by her counsel. 2. Criminal Miscellaneous Case No.1700 of 2011 is filed by the accused (second respondent in Crl. M.C. No.1698 of 2011) in Crime No.271 of 2007 of the same Police Station and C.C. No.1153 of 2007 of the same court for offences punishable under Sections 294(b) and 323 of the IPC. That case was registered on CRL.M.C. Nos.1698 & 1700 of 2011 -: 2 :- the complaint of the second respondent (second petitioner in Crl. M.C. No.1698 of 2011). Annexure B is the affidavit sworn by the second respondent attested by the counsel appearing for second respondent stating that the dispute is settled. I have heard learned counsel for petitioners and second respondent in both the petitions and the learned Public Prosecutor. Learned counsel on both sides submitted that the matter is settled between petitioners and the second respondent. Respective counsel also confirmed authenticity and genuineness of affidavits in the respective cases. It is revealed that the cases are in respect of the same incident and parties have settled the dispute between them. In the circumstances it is not necessary to continue the prosecution. I am inclined to allow the petitions. Resultantly, Criminal Miscellaneous Cases are allowed. Annexure-A, final reports in Crime Nos.270 and 271 of 2007 of Mangalapuram Police station, cognizance taken thereon and all proceedings against petitioners in C.C. Nos.1203 of 2007 and 1153 of 2007 of the court of learned Judicial First Class Magistrate-II, Attingal are quashed. THOMAS P. JOSEPH, JUDGE. vsv