IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4912 of 2010()
1. KAILAS, AGED 32 YEARS,
... Petitioner
2. SADASIVAN NAIR, AGED 76 YEARS,
3. SYAMALA, AGED 66 YEARS,
4. PADMAPRIYA, AGED 35 YEARS,
Vs
1. STATE OF KERALA,
... Respondent
2. SEETHA LEKSHMI,
For Petitioner :SRI. K.SHAJ
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :01/02/2011
O R D E R
THOMAS P.JOSEPH, J.
-------------------------------
Crl.M.C.No.4912 of 2010
-------------------------------
Dated this the 1st day of February, 2011.
O R D E R
This petition is filed by accused nos.1 to 4 in Crime No.325
of 2010 of Kilikolloor Police Station pending investigation for
offences punishable under section 498(a) and section 341 r/w
section 34 of the Indian Penal Code. Petitioners seek to quash
the proceedings against them pursuant to Annexure A1, FIR in
view of settlement reached with respondent no.2, the defacto
complainant, and wife of the first petitioner. It is submitted by
learned counsel for petitioners and respondent no.2, that
pursuant to the settlement reached between the parties as
disclosed by Annexure A2, affidavit sworn by respondent no.2
she is living with the first petitioner as wife of the latter. Hence it
is requested that proceedings may be quashed. Learned Public
Prosecutor after getting instruction submitted that there is a
settlement between petitioners and respondent no.2.
2. Annexure A2 affidavit shows that respondent no.2 is now
2
Crl.M.C.No.4912 of 2010
living with the first petitioner as his wife. The dispute between
the parties is already settled. In such a situation, to maintain the
cordial relationship the parties have arrived and since there is no
possibility of prosecution ending in a successful culmination, I
am inclined to allow this petition.
Resultantly, this petition is allowed. Annexure A1, FIR in
Crime No.325 of 2010 of Kilikolloor Police Station and the
proceedings pursuant thereto against petitioners will stand
quashed.
THOMAS P.JOSEPH,
Judge
ami/