IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 28TH NOVEMBER 2011 / 7TH AGRAHAYANA 1933 Crl.MC.No. 3783 of 2011() ------------------------- CC.33/2008 OF JUDL.MAGISTRATE OF FIRST CLASS-I, CHENGANNUR .................... PETITIONER(S): --------------- 1. SHERIFA BEEVI, AGED 65YEARS, W/O.ABDUL REHMAN, THAYYIL PUTHEN VEEDU, CHERIYANADU, CHENGANNOOR TALUK, ALAPPUZHA DISTRICT 2. SHINY RISHAD, AGED 36 YEARS, D/O.SHERIFA VEEVI, THAYYIL PUTHEN VEEDU, CHERIYANADU, CHENGANNOOR TALUK ALAPPUZHA DIST 3. NISA, AGED 27 YEARS, W/O.DILEEP, THAYYIL PUTHEN VEEDU, CHERIYANADU, CHENGANNOOR TALUK ALAPPUZHA DIST BY ADVS. SRI.R.PADMAKUMAR SRI.P.ARAVIND RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. SOFIA, D/O.ABDUL RAHMAN, THENGANA PUTHEN PURAYIL VEETTIL, MADAPPALLY, CHANACHERRY TALUK, KOTTAYAM DIST. BY GOVERNMENT PLEADER SMT. S. HYMA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SCL. Crl.MC.No. 3783 of 2011() APPENDIX PETITIONER(S) EXHIBITS: ANNEXURE i:- TRUE COPY OF CHARGE SHEET IN CRIME NO.121/07 OF THE VENMONEY POLICE STATION. ANNEXUR 2:- TRUE COPY OF THE FIS BY THE 2ND RESPONDENTS ANNEXURE 3:- TRUE OCPY OF FIR IN CRIME NO.121/07 OF THE VENMONEY POLICE STATION. ANNEXURE 4:- TRUE COPY OF THE ENDORSEMENT OF RECEIPT ISSUED BY THE 2ND RESPONDENT DTD 17/2/2010 ANNEXURE 5:- TRUE COPY OF THE ENDORSEMENT DTD 24/3/2010 ANNEXURE 6:- TRUE COPY OF CASH RECEIPT OF AN AMOUNT RS.50,000/- REMITTED BEFORE THE FAMILY COURT BY THE PETITIONER ANNEXURE 7:- TRUE COPY OF ENDORSEMENT RECEIPT OF AN AMOUNT RS 1,00,000/-DTD 4/9/2010. ANNEXURE 8:- TRUE COPY OF ENDORSEMENT OF RECEIPT OF AN AMOUNT OF ` RS.1,64,000/- DTD 22/10/2010. RESPONDENTS' EXHIBITS: NIL TRUE COPY PA TO JUDGE SCL. P.S. GOPINATHAN, J. ---------------------------------------------------------- Crl. M.C. No. 3783 of 2011 ---------------------------------------------------------- Dated this the 28th day of November, 2011 JUDGMENT Petitioners are accused No. 2, 3 and 6 in C.C No.33/2008 on the file of the Judicial Magistrate of the First Class, Chengannoor. By this petition under Sec. 482 of the Code of Criminal Procedure, petitioners seek an order to quash Annexure I Charge Sheet filed before the lower court by the Station Officer, Chengannoor Police Station, accusing offences under Sections 498 A and 342 r/w 34 of Indian Penal Code. The plea is that the matter is settled between the petitioners and the 2nd respondent. Despite the notice sent to the 2nd respondent by the learned Magistrate, she did not appear before the trial court. It is with this plea, this petition is filed. 2. Having heard the learned counsel for the petitioner, if the 2nd respondent is not turning up despite the settlement, I find that the remedy open to, in the event there is settlement or not, is to direct the learned Magistrate to dispose of the case at the earliest. If necessary, Crl. M.C. No. 3783 of 2011 2 coercive steps are to be taken against the 2nd respondent. In the given set of facts, procedure code doesn't provide to record settlement and to quash the charge sheet. In the result, this petition is disposed of directing the learned Magistrate to dispose of the case at the earliest in accordance with law. P.S. GOPINATHAN, JUDGE. Scl