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. 1247 of 2011() ------------------------- CRIME NO.67/2011 OF KARINKUNNAM POLICESTATION PETITIONER(S): ACCUSED 1-3 -------------------------- 1. SUNIL, AGED 31 YEARS, S/O.DIVAKARAN, ILLICKANIRAPPEL HOUSE, PALAVALAVU BHAGOM, KURINGI KARA, PURAPPUZHA VILLAGE, IDUKKI DISTRICT. 2. DIVAKARAN, AGED 60 YEARS, ILLICKANIRAPPEL HOUSE, PALAVALAVU BHAGOM, KURINGI KARA, PURAPPUZHA VILLAGE, IDUKKI DISTRICT. 3. RAJAMMA, AGED 50 YEARS, W/O.DIVAKARAN, ILLICKANIRAPPEL HOUSE, PALAVALAVU BHAGOM, KURINGI KARA, PURAPPUZHA VILLAGE, IDUKKI DISTRICT. BY ADV. SRI.SURIN GEORGE IPE RESPONDENT(S): STATE/COMPLAINANT & DEFACTO COMPLAINANT ------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA-682031. 2. SANDHYA, AGED 27 YEARS, W/O.SUNIL, ILLICKANIRAPPEL HOUSE, PALAVALAVU BHAGOM, KURINGI KARA, PURAPPUZHA VILLAGE, IDUKKI DISTRICT-685583. ADV. SRI.RAJAGOPAL PADIPPURACKAL FOR R2 PUBLIC PROSECUTOR SHRI K.J.MOHAMMED ANZAR FOR R1 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1247 of 2011 ==================================== Dated this the 12th day of April, 2011 O R D E R Petitioners are accused 1 to 3 in Crime No.67 of 2011 of Karinkunnam Police Station for offence punishable under Section 498A read with Section 34 of the Indian Penal Code. Petitioners request this court to quash proceeding against them on the strength of a settlement reached with the second respondent, the de facto complainant (wife of first petitioner). I have heard learned counsel for petitioners, second respondent and the learned Public Prosecutor. 2. Learned counsel on both sides confirmed the settlement between parties, authenticity of Annexure-III, agreement executed between the petitioners and the second respondent and Annexure-IV, affidavit of the second respondent. It is submitted by learned counsel on both sides that pursuant to the settlement the second respondent is living with the first petitioner as his wife. 3. Since parties have settled the dispute which is personal to and between them I am inclined to think that CRL.M.C. No.1247 of 2011 -: 2 :- continuance of the proceeding is not required. Resultantly, Criminal Miscellaneous Case is allowed. Annexure-II, FIR in Crime No.67 of 2011 of Karinkunnam Police Station and all proceeding pursuant thereto against petitioners are quashed. THOMAS P. JOSEPH, JUDGE. vsv