LAWS(KER)-2011-5-152

B RAMACHANDRAN, BETHUR SARADA AMMA, K C RAJAN AND PADMAVATHY W/O K C RAJAN Vs. STATE OF KERALA AND PRASEEJA R K

Decided On May 25, 2011
B RAMACHANDRAN, BETHUR SARADA AMMA, K C RAJAN AND PADMAVATHY W/O K C RAJAN Appellant
V/S
STATE OF KERALA AND PRASEEJA R K Respondents

JUDGEMENT

(1.) Petitioners are accused in Crime No. 221 of Adhure Police Station and C.C. No. 1702 of 2010 of the court of learned Judicial First Class Magistrate-I, Kasargod 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. Petitioners request to quash proceedings against them on the strength of a settlement reached with the second Respondent. I have heard learned Counsel for Petitioners, second Respondent and the learned Public Prosecutor. Learned Counsel for Petitioners and second Respondent confirmed the settlement and authenticity and genuineness of Annexure-A3, agreement entered between the parties. Learned Counsel for second Respondent has also confirmed genuineness of Annexure-A2, affidavit sworn by the second Respondent and submitted that the entire dispute is settled. Pursuant to Annexure-A3, agreement first Petitioner and second Respondent are living separately. In the affidavit also second Respondent stated that the entire dispute the settled and that she has no objection in quashing the proceeding against Petitioners. Since the dispute is personal to and between Petitioners and the second Respondent and that dispute is settled, I am inclined to allow the petition.

(2.) Resultantly, Criminal Miscellaneous Case is allowed. Final report in Crime No. 221 of Adhure Police Station, cognizance taken thereon and all proceeding against Petitioners in C.C. No. 1702 of 2010 of the court of learned Judicial First Class Magistrate, Kasargod are quashed.