IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 16TH MARCH 2011 / 25TH PHALGUNA 1932 Crl.MC.No. 822 of 2011() ------------------------ CC.827/2010 of JUDL.MAGISTRATE OF FIRST CLASS-I, HOSDRUG .................... PETITIONER(S): ACCUSED NOS.1 TO 3: ---------------------------------- 1. N.B.MAHESH, AGED 36 YEARS, S/O.BALASUBRAMANYAN, R/AT NEDUVELIL HOUSE, UDAYAPURAM, KODOM VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. 2. MAHESHWARI AMMA, W/O.BALASUBRAMANYAN, R/AT NEDUVELIL HOUSE, UDAYAPURAM, KODOM VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. 3. SAILAKSHMI, D/O.BALASUBRAMANYAN, R/AT.NEDUVELIL HOUSE, UDAYAPURAM, KODOM VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.K.P.HARISH RESPONDENT(S): STATE & DEFACTO COMPLAINANT: ------------------------------------------- 1. STATE - REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. SARASWATHI @ ANITHAKUMARI, AGED 31 YEARS D/O.KRISHNAN NAIR, R/AT KOKKINIVEETIL, WEST ELERI VILLAGE, P.O.MANTAPAM, HOSDURG TALUK, KASARAGOD DISTRICT, PIN-671 001. R1 BY P.P.SMT.M.K.PUSHPALATHA ADV. SMT.C.A.SEENA FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. ~~~~~~~~~~~~~~~~ Crl.M.C. No.822 of 2011 ~~~~~~~~~~~~~~~~~ Dated this the 16th day of March 2011 O R D E R Petitioners are accused 1 to 3 in Crime No.163 of 2009 of Rajapuram Police Station and C.C.No.827 of 2010 of Judicial First Class Magistrate's Court-I, Hosdurg for offences punishable under Sections 323 and 498A r/w Section 34 of the Indian Penal Code. Petitioners seek to quash proceeding pending against them on the strength of a settlement reached with the 2nd respondent/de facto complainant who is the wife of the first petitioner. I have heard learned counsel for petitioners, 2nd respondent and the learned Public Prosecutor. 2. Learned counsel for petitioners and 2nd respondent confirmed the settlement. Learned counsel for the 2nd respondent has confirmed authenticity of signature of 2nd respondent in Annexure-AIII agreement and Crl.M.C. No.822 of 2011 -: 2 :- Annexure-AIV, affidavit. It is seen from Annexure-AIII and AIV that parties have signed the agreement and affidavit in the presence of Notary Public and settled the dispute. In the circumstances, it is not necessary to continue proceeding against petitioners. Resultantly, this Crl.M.C. is allowed. Annexure- A-II final report in Crime No.163 of 2009 of Rajapuram Police Station, cognizance taken thereon and proceeding against petitioners in C.C.No.827 of 2010 of the court of learned Judicial First Class Magistrate-I, Hosdurg are quashed. THOMAS P. JOSEPH, JUDGE. Jvt