IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 3RD MARCH 2011 / 12TH PHALGUNA 1932 Crl.MC.No. 619 of 2011 -------------------------------- [CC.NO.3048/2009 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE, ERNAKULAM, CRIME NO.949/2009 OF HILL PALACE POLICE STATION, THRIPUNITHURA, ERNAKULAM DISTRICT] .................... PETITIONERS/ACCUSED 1 AND 2: ------------------------------------------------- 1. ANOOP, AGED 29 YEARS, S/O. CHANDRAMOHAN, NADUVELIL HOUSE, RAMAPURAM P.O., RAMAPURAM VILLAGE, KOTTAYAM DISTRICT. 2. CHANDRAMOHANAN, AGED 61 YEARS, NADUVELIL HOUSE, RAMAPURAM P.O., RAMAPURAM VILLAGE, KOTTAYAM DISTRICT. BY ADVS. SRI.T.A.UNNIKRISHNAN, SRI.K.S.PRAVEEN, SRI.C.A.ANUPAMAN. RESPONDENTS/COMPLAINANT: ----------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 682 031. 2. SMITHA, AGED 27 YEARS, D/O. SUDHAKARAN, GAYATHRI HOUSE, FACT NAGAR, THRIPUNITHURA DESOM, ERNAKULAM, PIN-682 301. R1 BY PUBLIC PROSECUTOR SRI. K.J. MOHAMMED ANZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.619 of 2011 ==================================== Dated this the 03rd day of March, 2011 O R D E R Petitioners are accused 1 and 2 in Crime No.949 of 2009 of Hill Palace Police Station, Thrippunithura and C.C. No.3048 of 2009 of the court of learned Additional Chief Judicial Magistrate,Ernakulam for offence punishable under Section 498A read with Section 34 of the Indian Penal Code. That case was registered on a complaint preferred by respondent No.2. Petitioners seek to quash proceeding against them on the strength of a settlement reached with respondent No.2. I have heard learned counsel for petitioner, respondent No.2 and learned Public Prosecutor. Learned counsel for respondent No.2 confirmed settlement and authenticity of the Annexure-II, affidavit sworn by respondent No.2. 2. Offence alleged is personal to and between petitioners and respondent No.2. The dispute is settled out of court. Certain other cases pending between petitioner No.1 and respondent No.2 are also settled. Hence I am inclined to allow this petition. CRL.M.C. No.619 of 2011 -: 2 :- Resultantly, this Criminal Miscellaneous Case is allowed. Annexure-I, final report in Crime No.949 of 2009 of Hill Palace Police Station, Thrippunithura, cognizance taken thereon and proceeding in C.C. No.348 of 2009 of the court of learned Additional Chief Judicial Magistrate, Ernakulam against petitioners are quashed. THOMAS P. JOSEPH, JUDGE. vsv