RAMADAS N , S/O LATE MADHAVAN AND DHAMAYANTHI, W/O LATE MADHAVAN Vs. STATE OF KERALA,; SUB INSPECTOR OF POLICE AND SUMA K P , D/O PRABHAKARAN

JUDGEMENT

(1.) Petitioners are accused in Crime No. 232 of 2009 of Kongadu Police Station and C.C. No. 471 of 2009 of the Court of learned Judicial First Class Magistrate-II, Palakkad for offence punishable under Section 498A read with Section 34 of the Indian Penal Code. That case was registered on a complaint preferred by the third Respondent/de facto complainant, wife of the first Petitioner. Petitioners request to quash proceeding against them on the strength of a settlement reached with the third Respondent. Third Respondent has filed an affidavit stating that the dispute is settled with Petitioners, that she has no objection in allowing the criminal miscellaneous case and in quashing proceeding against Petitioners. I have heard learned Counsel and the learned Public Prosecutor.

(2.) Petitioners and the third Respondent have confirmed the settlement. Learned Counsel for third Respondent also confirmed genuineness and authenticity of affidavit of the third Respondent. It is seen from the affidavit of the third Respondent that the matter is settled between parties. Learned Counsel submitted that pursuant to the settlement the third Respondent is living with the first Petitioner as his wife. In the circumstance I am inclined to allow this petition.