IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN SATURDAY, THE 3RD DECEMBER 2011 / 12TH AGRAHAYANA 1933 Crl.MC.No. 4152 of 2011() ----------------------------------- OP.1677/2010 of CC.1246/2008 of JUDL.MAGISTRATE OF FIRST CLASS, PERUMBAVOOR ....................................................................................................... PETITIONERS ------------------ 1. BIJU, AGED 32 YEARS,S/O.ESTHAPHANU, THACHAPPARAMBIL HOUSE, SREEMOOLANAGARAM P.O., SREE BHOOTHAPURAM, KALADY, PIN-683574. 2. ROSY ESTHAPHANU, AGED 65 YEARS, W/O.ESTHAPHANU, THACHAPPARAMBIL HOUSE, SREEMOOLANAGARAM P.O., SREE BHOOTHAPURAM, KALADY, PIN-683574. 3. JOS ESTAPHANU, AGED 42 YEARS, S/O.ESTHAPHANU, THACHAPPARAMBIL HOUSE, SREEMOOLANAGARAM P.O., SREE BHOOTHAPURAM, KALADY, PIN-683574. BY ADV. SRI.M.V.JOY SRI.K.B.RAHIM RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682 018. 2. STATION HOUSE OFFICER, POLICE STATION, KALADY, ERNAKULAM DISTRICT, PIN-683574. 3. NAPGY, AGED 22 YEARS, D/O.ANTONY, KALATHIPPARAMBIL HOUSE, THIRUVAIRANIKKULAM P.O., KUNNUVAZHI, ALUVA TALUK. R1 & R2 BY PUBLIC PROSECUTOR SMT. HYMA R3 BY ADVS.SMT. V.I.PATHUMMA SMT.S.KAMALA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRMC NO. 4152 OF 2011 ANNEXURE PETITIONERS' ANNEXURES: ANNEX.A: CERTIFIED COPY OF THE FIR NO. 696/2008 REGISTERED BY 2ND RESPONDENT ANNEX.B: CERTIFIED COPY OF THE FINAL REPORT AND CHARGE ANNEX.C: PHOTOCOPY OF THE AGREEMENT DT. 22.9.2010 ANNEX.D: TRUE COPY OF THE JUDGEMENT IN O.P NO.1677/2010 DT. 30.3.2011 ANNEX.E: TRUE COPY OF THE AFFIDAVIT BY THE 3RD RESPONDENT RESPONDENTS' ANNEX. : NIL \\TRUE COPY \\ P.A. TO JUDGE JM N.K.BALAKRISHNAN, J. ---------------------------------------------------- Crl.M.C.No.4152 of 2011 ---------------------------------------------------- Dated this the 3rd day of December, 2011 Order The petitioners are the accused in CC No.1246 of 2008 on the file of JFCM Court, Perumbavoor. The offence alleged against them is under Section 498A r/w 34 IPC. The third respondent herein is the defacto complainant. She is represented in this court by her counsel. The counsel appearing for both sides would submit that the entire dispute has been settled out of court. Affidavit of the defacto complainant has been filed to that effect. Hence, in the light of the settlement arrived at between the parties, this Crl.M.C. is allowed. Further proceedings in CC No.1246 of 2008 on the file of JFCM Court, Perumbavoor is quashed. N.K.BALAKRISHNAN, JUDGE. srd 2 3