IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 26TH APRIL 2011 / 6TH VAISAKHA 1933 Crl.MC.No. 1266 of 2011() ------------------------- CC.295/2010 of CHIEF JUDICIAL MAGISTRATE, ALAPPUZHA .................... PETITIONER(S)/ACCUSED AND DEFACTO COMPLAINANT :- ------------------------------------------------------------------------------------ 1. VISWANATHA KURUP, S/O.LAXMANA KURUP, AGED 33 YEARS, MANIMANGALAM HOUSE, 6TH WARD, MARARIKULAM NORTH PANCHAYATH, ALAPPUZHA. 2. LAXMANA KURUP, AGED 62 YEARS, S/O.PARAMESHWARAN PILLAI, MANIMANGALAM HOUSE, 6TH WARD, MARARIKULAM NORTH PANCHAYATH, ALAPPUZHA. 3. PRETHA PRATHAP, D/O.PRATHAP, AGED 25 YEARS GOPALA SADANAM, 2ND WARD, ARYAD PANCHAYATH, ALAPPUZHA. BY ADV. SRI.K.M.FIROZ SMT.M.SHAJNA RESPONDENT(S)/STATE :- ------------------------------------ THE STATE OF KERALA, REP.BY THE SUB INSPECTOR OF POLICE, ALAPPUZHA NORTH POLICE STATION, ALAPPUZHA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERANAKULAM. PUBLIC PROSECUTOR MR.C.M.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt THOMAS P. JOSEPH, J. ~~~~~~~~~~~~~~~~ Crl.M.C. No.1266 of 2011 ~~~~~~~~~~~~~~~~~ Dated this the 26th day of April 2011 O R D E R Petitioners are accused 1 and 2 and the de facto complainant in Crime No.673 of 2009 of Alappuzha North Police Station and C.C.No.295 of 2010 of the court of learned Chief Judicial Magistrate, Alappuzha for offences punishable under Secs.323, 406 and 498A r/w Sec.34 of the Indian Penal Code (for short, “the IPC”). Petitioners request this Court to quash proceeding against petitioners 1 and 2/A1 and A2 on the strength of a settlement reached with the 3rd petitioner, the de facto complainant and wife of first petitioner. I have heard learned counsel for petitioners and the learned Public Prosecutor. 2. Learned counsel has confirmed the settlement as above stated and authenticity of affidavit of the 3rd petitioner. In that affidavit it is stated that 3rd petitioner has settled the dispute with petitioners 1 and 2 and that she has no further Crl.M.C. No.1266 of 2011 -: 2 :- grievance in the matter. Learned counsel submitted that petitioners 1 and 3 have filed a joint petition under Sec.13B of the Hindu Marriage Act before the Family Court. It is revealed from the petition and the affidavit of 3rd petitioner that the dispute which is personal to and between petitioners is amicably settled out of court. In the circumstance, it is not necessary to continue the proceeding further. I am inclined to allow this Crl.M.C. Resultantly this Crl.M.C. is allowed. Final report in Crime No.673 of 2009 of Alappuzha North Police Station, cognizance taken thereon and proceeding against petitioners 1 and 2/A1 and A2 in C.C.No.295 of 2010 of the court of learned Chief Judicial Magistrate, Alappuzha are quashed. THOMAS P. JOSEPH, JUDGE. Jvt