IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 4TH MARCH 2011 / 13TH PHALGUNA 1932 Crl.MC.No. 558 of 2011() ----------------------------- AGAINST THE ORDER DATED 02/04/2008 IN 2 IN CC.200/2007 of JUDICIAL MAGISTRATE OF FIRST CLASS COURT-II, KANNUR .................... PETITIONER(S): ACCUSED: -------------------------------- 1. K.VINAYAKUMAR, S/O.K.SREENIVAS,SREENIKETHAN, PANDESWAR, MANGALAPURAM,KARNATAKA. 2. SREEDEVI, W/O.R.SREENIVAS,SREENIKETHAN, PANDESWAR, MANGALAPURAM, KARNATAKA. 3. K.VIJULA KUMARI, D/O.K.SREENIVAS,SREENIKETHAN, PANDESWAR,MANGALAPURAM, KARNATAKA. 4. K.BINDHU, D/O.SREENIVAS,SREENIKETHAN, PANDESWAR, MANGALAPURAM,KARNATAKA. 5. JYOTHEENDRAN, S/O.SREENIVAS,SREENIKETHAN, PANDESWAR, MANGALAPURAM, KARNATAKA. 6. VIMAL KUMAR, S/O.K.SREENIVAS,SREENIKETHAN, PANDESWAR, MANGALAPURAM, KARNATAKA. 7. VIJAY KUMAR, S/O.K.SREENIVAS, SREENIKETHAN, PANDESWAR, MANGALAPURAM, KARNATAKA. 8. VINODKUMAR, S/O.K.SREENIVAS,SREENIKETHAN, PANDESWAR, MANGALAPURAM,KARNATAKA. BY ADVS. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH RESPONDENT(S): STATE & DEFACTO COMPLAINANT: ------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KANNUR CITY POLICE STATION, KANNUR (THROUGH PUBLIC PROSECUTOR OF THE HIGH COURT OF KERALA ERNAKULAM.) 2. JYOTHSANA PURUSHOTHAMAN, D/O. K.C.PURUSHOTHAMAN, UJALA, OPPOSITE CANTONMENT PARK, CANTONMENT, KANNUR - 13. R1 BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA R2 BY ADV. SRI.JACOB SEBASTIAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.558 of 2011 -------------------------------------- Dated this the 4th day of March, 2011. ORDER Petitioners are accused in Crime No.44 of 2006 of Kannur Town Police Station and C.C.No.200 of 2007 of the court of learned Judicial First Class Magistrate-II, Kannur for offence punishable under Section 498A read with Section 34 of the Indian Penal Code. Petitioners have reached a settlement with respondent No.2 and on its strength seek to quash proceedings against them. I have heard learned counsel for petitioners, respondent No.2 and the learned Public Prosecutor. Learned Public Prosecutor after getting instruction has confirmed the fact of settlement. 2. It is submitted by learned counsel that other cases pending between petitioner No.1 and respondent No.2 are settled as per the agreement (photocopy of which is Annexure-A4). Annexure-A5 is the affidavit of respondent No.2 which stated that parties have settled the dispute. Dispute is purely personal to and between parties. That has been amicably settled. In the circumstances I do not consider it necessary that the proceeding continued. Crl.MC No.558/2011 2 Resultantly this petition is allowed. Annexure-A3, final report in Crime No.44 of 2006 of Kannur Town Police Station, cognizance taken thereon and proceeding against petitioners in C.C.No.200 of 2007 of the court of learned Judicial First Class Magistrate-II, Kannur are quashed. THOMAS P.JOSEPH, Judge. cks