IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 8TH FEBRUARY 2011 / 19TH MAGHA 1932 Crl.MC.No. 379 of 2011() ------------------------ CRIME NO.1148/2009 OF ERNAKULAM TOWN SOUTH POLICE STATION PETITIONER(S): --------------- 1. MRS.HARMEET KAUR JAGMOHAN SINGH SETHI, AGED 52, W/O.JAGMOHAN SINGH, A/3, FLYING CARPET, 1ST FLOOR, CORNER OF 13TH AND 17TH ROAD, KHAR (W), MUMBAI-400 052. 2. MR.KARANJIV SINGH SETHI, AGED 29, S/O.JAGMOHAN SINGH, A/3, FLYING CARPET, 1ST FLOOR, CORNER OF 13TH AND 17TH ROAD, KHAR (W), MUMBAI-400 052. 3. MR.JAGMOHAN HARMINDAR SINGH SETHI, AGED 55, S/O.HARMINDAR SINGH SETHI, A/3, FLYING CARPET, 1ST FLOOR, CORNER OF 13TH AND 17TH ROAD, KHAR (W), MUMBAI-400 052. BY ADV. SRI.C.P.UDAYABHANU SRI.VIVEK VARGHESE P.J. RESPONDENT(S): COMPLAINANT -------------------------- 1. MRS.ESHWIN KAUR, AGED 25 YEARS, D/O.MR.RAVINDER SINGH CHANDHOK, G-306, PANAMPALLY NAGAR, KOCHI-682036. 2. STATE OF KERALA, REPRESENTED BY THE S.I. OF POLICE (CRIME 1148/2009), ERNAKULAM TOWN, SOUTH POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, DISTRICT COURT, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. ---------------------------------------------- Crl.M.C.No. 379 of 2011 ---------------------------------------------- Dated this the 8th day of February, 2011 O R D E R Petitioners are accused 1 to 3 in Crime No.1148 of 2009 of Ernakulam Town South Police Station registered by respondent NO.2 for offences punishable under Sections 405, 406, 409, 323, 413, 416, 418, 419 and 498A read with 34 of Indian Penal Code. Respondent No.1 filed a private complaint in the court of learned Additional Chief Judicial Magistrate (Economic Offences), Ernakulam, which was forwarded to the police for investigation under Section 156(3) of the Code of Criminal Procedure. Police registered a case. Annexure-I is the FIR. It is submitted that the matter is settled between petitioners and respondent No.1 and on the strength of that settlement petitioners seek to quash proceedings taken against them. 2. Heard learned counsel for petitioners, first respondent and the learned Public Prosecutor. 3. The case was originally registered against petitioners and others. Learned counsel for petitioners has given me a copy of order dated 31st October, 2009 in Crl.M.C.No.1970 of 2009 of Crl.MC.379/11 2 Sessions Court, Ernakulam, a petition filed under Section 438 of the Code of Criminal Procedure. Paragraph 4 of the said order states that the Sub Inspector concerned filed a statement in that case to the effect that accused Nos.4 to 7 were deleted from the array of accused. 4. Learned counsel for respondent No.1 has confirmed the fact of settlement. It is pointed out that a petition filed by respondent No.1 under Section 12 of the Protection of Women from Domestic Violence Act has been withdrawn pursuant to the settlement reached with the first petitioner. A copy of the order dated 5.2.2011 in Crl.M.P.No.26 of 2010 of the Court of learned Additional Chief Judicial Magistrate, Ernakulam showing withdrawal of the said proceedings is also given to me for perusal. Thus, it is seen that the matter has been settled between parties. As such it is not necessary to continue proceedings. Moreover in the light of the settlement there is no possibility of a successful culmination of the prosecution case. 5. Learned counsel for petitioners pointed out that while petitioners were granted bail, as they had no sureties to execute the bond, they had deposited Rs.60,000/- in the Court of learned Additional Chief Judicial Magistrate, Ernakulam and requested that Crl.MC.379/11 3 petitioners may be permitted to withdraw the said amount. Learned counsel for respondent No.1 submitted that respondent No.1 has no objection in petitioners withdrawing the said amount. In the result, this petition is allowed. Final report in Crime No.1148 of 2009 of Ernakulam Town South Police Station, cognizance taken thereon and further proceedings in C.C.No.736/10 of the Court of learned Additional Chief Judicial Magistrate (Economic Offences), Ernakulam against the petitioners are quashed. It is made clear that it is open to the petitioners to request the Court below to permit them to withdraw the amount if any of them has deposited amount in that Court as condition for the grant of bail. THOMAS P. JOSEPH, JUDGE vgs