IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P.

THURSDAY, THE 4^TH DAY OF JANUARY 2024 / 14TH POUSHA, 1945 CRL.MC NO. 8413 OF 2023 CRIME NO.370/2022 OF Paravoor Police Station, Kollam C.C.NO.349 OF 2022 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KOLLAM PETITIONERS/ACCUSED:

1 ASHIK AGED 32 YEARS, S/O SULFIKAR, SUDHEER NIVAS, OLLAL, PARAVOOR VILLAGE, KOLLAM, PIN – 691 301.

2 SEENATH BEEVI AGED 56 YEARS, W/O SULFIKAR, SUDHEER NIVAS, OLLAL, PARAVOOR VILLAGE, KOLLAM, PIN – 691 301.

3 RUBY AGED 33 YEARS, W/O SHAMEER, SUDHEER NIVAS, OLLAL, PARAVOOR VILLAGE, KOLLAM, PIN – 691 301.

4 SHAMEER AGED 37 YEARS, S/O SULFIKAR, SUDHEER NIVAS, OLLAL, PARAVOOR VILLAGE, KOLLAM, PIN – 691 301.

BY ADV JOMY K. JOSE RESPONDENTS/STATE & DEFACTO COMPLAINANT:

1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682 031.

2 AGIYA FATHIMA AGED 27 YEARS, D/O JULI LATHEEF, VISMAYA, PONKUNNAM P.O, KANJIRAPPALLY, KOTTAYAM, PIN – 686 506.

BY ADVS.

SRI. ANANDHU SATHYAN ( FOR RESP), SRI. VENUGOPAL V (PP)

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

04.01.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

Petitioners are the accused in Crime No.370 of 2022 of Paravoor Police Station, Kollam district, which is now pending as C.C.No.349 of 2022 on the file of the Judicial First Class Magistrate Court, Kollam alleging commission of offences punishable under Sections 498A and 34 of the Indian Penal Code.

2. Learned counsel appearing for the petitioners would submit that the entire issues between the petitioners and the 2^nd respondent (the de facto complainant) have been settled. Learned counsel appearing for the petitioners also refers to Annexure-A3 affidavit executed by the 2nd respondent to establish that the entire issues between the petitioners and the 2^nd respondent have been settled and the 2^nd respondent does not intend to continue with the proceedings against the petitioners.

3. Learned Public Prosecutor and the learned counsel appearing for the 2nd respondent confirm that the entire disputes between the petitioners and the 2^nd respondent have been settled and that the 2^nd respondent does not wish to continue with the proceedings against the petitioners.

4. Having heard the learned counsel appearing for the petitioners, learned Public Prosecutor and the learned counsel appearing for the 2^nd respondent, I am of the view that this Crl.M.C. can be allowed on the ground of settlement. There is no public interest involved in continuing the proceedings against the petitioners. Therefore, in exercise of the jurisdiction vested in this Court under Section 482 of the Code of Criminal Procedure, further proceedings against the petitioners can be quashed on the ground of settlement.

Accordingly, the Crl.M.C is allowed and all further proceedings in C.C.No.349 of 2022 on the file of the Judicial First Class Magistrate Court, Kollam (arising out of Crime No.370 of 2022 of Paravoor Police Station, Kollam district) will stand quashed as against the petitioners.

Sd/-

GOPINATH P.

JUDGE ats APPENDIX OF CRL.MC 8413/2023 PETITIONERS’ ANNEXURES Annexure A1 CERTIFIED COPY OF THE FIR IN CRIME NO. 370/2022 OF PARAVOOR POLICE STATION, KOLLAM DISTRICT DATED

10-05-2022 Annexure A2 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.

370/2022 OF PARAVOOR POLICE STATION, KOLLAM DISTRICT DATED 06-06-2022 Annexure A3 ORIGINAL COPY OF THE AFFIDAVIT SWORN TO BY THE RESPONDENT NO: 2 DATED 25-09-2023