IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 31ST MARCH 2011 / 10TH CHAITHRA 1933 Crl.MC.No. 1012 of 2011() ------------------------------- CC.570/2005 of JUDICIAL MAGISTRATE OF FIRST CLASS-I, HOSDRUG CRIME NO. 32/2005 CHEEMENI POLICE STATION .................... PETITIONER(S): ACCUSED NOS.1 TO 4 --------------------------------------------- 1. JAYAKUMAR.C, S/O.KUNHIKANNAN,CHAYATHIL HOUSE,MUZHAKKOM,KLAYIKKODE VILLAGE. 2. C.MAHESH,S/O.KUNHIKANNAN,CHAYATHIL HOUSE,MUZHAKKOM,KLAYIKKODE VILLAGE. 3. C.RAJEEVAN,S/O.KUNHIKANNAN,CHAYATHIL HOUSE,MUZHAKKOM,KLAYIKKODE VILLAGE. 4. P.P.SHARADHA,W/O.KUNHIKANNAN,CHAYATHIL HOUSE,MUZHAKKOM,KLAYIKKODE VILLAGE. BY ADVS. SMT.T.SUDHAMANI SMT.HEMALATHA RESPONDENT(S): STATE & DEFACTO COMPLAINANT ------------------------------------------------------------ 1. THE STATE OF KERALA,REP.BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. 2. PUSHPALATHA.K.,D/O.E.V.KUNHAMBU, PALLIKKARA, NILESHWAR VILLAGE,HOSDURG TALUK. R1 BY PUBLIC PROSECUTOR SRI.SABU SREEDHARAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.1012 of 2011 -------------------------------------- Dated this the 31st day of March, 2011. ORDER Petitioners are accused 1 to 4 in Crime No.32 of 2005 of Cheemeni Police Station and C.C.No.570 of 2005 of the court of learned Judicial First Class Magistrate-I, Hosdurg for offences punishable under Sections 498A and 326 read with Section 34 of the Indian Penal Code. That case was registered on the complaint of respondent No.2, wife of first petitioner. Petitioners request to quash proceeding against them on the strength of a settlement reached with the second respondent. I have heard learned counsel for petitioners, second respondent and the learned Public Prosecutor. 2. Learned counsel for petitioners and second respondent have confirmed the settlement. Learned counsel for second respondent confirmed authenticity of Annexure-II, agreement between first petitioner and the second respondent and Annexure-III, affidavit of second respondent. The said documents show that parties have settled the dispute. Since the dispute is settled between the parties and there is no possibility of a successful culmination of the prosecution I am inclined to allow the request. Resultantly this petition is allowed. Final report in Crime No.32 of 2005 of Cheemeni Police Station, cognizance taken thereon and proceeding against Crl.MC No.1012/2011 2 petitioners in C.C.No.570 of 2005 of the court of learned Judicial First Class Magistrate-I, Hosdurg are quashed. THOMAS P.JOSEPH, Judge. cks