IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 8TH JUNE 2011 / 18TH JYAISHTA 1933 Crl.MC.No. 1664 of 2011() ------------------------- CRIME NO. 707/2010 OF CHANDERA POLICE STATION, KASARGOD ................ PETITIONERS / ACCUSED : --------------------------------------- 1. RAKESH.P.V, AGED 32 YEARS, S/O. LATE BALAKRISHNAN, PUTHIYAVALAPPIL HOUSE, MANIYADU, MANIYADU VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. 2. KARTHYAYANI, AGED 50 YEARS, W/O. LATE BALAKRISHNAN, PUTHIYAVALAPPIL HOUSE, MANIYADU, MANIYADU VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.T.MADHU RESPONDENTS / STATE : ------------------------------------ 1. THE STATE OF KERALA, THROUGH THE STATION HOUSE OFFICER, CHANDERA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. DHANILA.M, AGED 21 YEARS, D/O. PONNAN BALAKRISHNAN, MOOLAKKOVIL HOUSE, PAYYANNOOR VILLAGE, THALIPARAMBA TALUK, KANNUR DISTRICT, PIN - 670 307. R1 BY PUBLIC PROSECUTOR SRI. MANU R2 BY ADV. SRI.A.SAIN PAUL THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1664 of 2011 ==================================== Dated this the 08th day of June, 2011 O R D E R Petitioners are accused in Crime No.707 of 2010 of Chandera Police Station and C.C. No.111 of 2011 of the court of learned Judicial First Class Magistrate-I, Hosdurg for offence punishable under Section 498A read with Section 34 of the Indian Penal Code. Case was registered on a complaint preferred by the second respondent- wife of first petitioner. Parties have settled the dispute and accordingly prayed that proceeding against petitioners may be quashed. I have heard learned counsel for petitioners, second respondent and the learned Public Prosecutor. 2. Annexure-A4 is the agreement executed between first petitioner and second respondent. Annexure-A5 is the affidavit sworn by the second respondent. Counsel on both sides have confirmed the settlement. Learned counsel for second respondent has also confirmed authenticity and genuineness of Annexure-A5, affidavit. It is revealed that the dispute is settled between parties and that second respondent has no objection in quashing proceeding against petitioners. Hence I am inclined to allow the petition. CRL.M.C. No.1664 of 2011 -: 2 :- Resultantly, Criminal Miscellaneous Case is allowed. Annexure-A3, final report in Crime No.707 of 2010 of Chandera Police station, cognizance taken thereon and all proceeding against petitioners in C.C. No.111 of 2011 of the court of learned Judicial First Class Magistrate-I, Hosdurg are quashed. THOMAS P. JOSEPH, JUDGE. vsv