IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN TUESDAY, THE 3^RD DAY OF SEPTEMBER 2024 / 12TH BHADRA, 1946 CRL.MC NO. 5923 OF 2024 CRIME NO.1111/2022 OF PALARIVATTOM POLICE STATION, ERNAKULAM CC NO.887 OF 2023 OF JUDICIAL FIRST CLASS MAGISTRATE COURT - IX, ERNAKULAM PETITIONERS/ACCUSED NOS.1 TO 6:

1 SETHU P. SUDHAKARAN AGED 33 YEARS S/O. SUDHAKARAN, PUNCHAPPADATH HOUSE, PONNURUNNI, VYTTILA P.O., ERNAKULAM, PIN - 682019

2 SUDHAKARAN AGED 65 YEARS S/.O. SUKUMARAN,PUNCHAPPADATH HOUSE, PONNURUNNI,VYTTILA P.O., ERNAKULAM, PIN - 682019

3 VANAJA AGED 57 YEARS W/O. SUDHAKARAN,PUNCHAPPADATH HOUSE, PONNURUNNI, VYTTILA P.O, ERNAKULAM, PIN - 682019

4 SATHEEPAN T.S AGED 58 YEARS S/O. SUKUMARAN,THEKKE PUNCHAPADATH HOUSE, PONNURUNNI, VYTTILA P.O., ERNAKULAM, PIN - 682019

5 SREEPRIYA S., AGED 45 YEARS W/O. SADEEPAN,PUNCHAPPADATH HOUSE, PONNURUNNI, VYTTILA P.O, ERNAKULAM, PIN - 682019

6 ANANDU P. SATHEEPAN AGED 24 YEARS S/O SATHEEPAN,PUNCHAPPADATH HOUSE, PONNURUNNI, VYTTILA P.O, ERNAKULAM, PIN - 682019 BY ADVS. SRI.P.A.ABHILASH SRI.BOBBY K.PAUL RESPONDENTS/STATE & DEFACTO COMPLAINANT:

1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM, PIN - 682031

2 ATHIRA T. S.

AGED 30 YEARS D/O. SUKUMARAN, THEKKUMKATTIL HOUSE,PINARMUNDA, PERINGALA P.O., ERNAKULAM, PIN - 683565 R1 BY PUBLIC PROSECUTOR SRI.M.P.PRASANTH R2 BY ADV.SMT. MANJU R. KARTHA THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON

29.08.2024, THE COURT ON 03.09.2024 PASSED THE FOLLOWING:

O R D E R

Dated this the 3^rd day of September, 2024 This Criminal Miscellaneous Case has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to quash Annexure-A2 Final Report and all further proceedings in C.C.No.887/2023 on the files of the Judicial First Class Magistrate Court-IX, Ernakulam arose out of Crime No.1111/2022 of Palarivattom Police Station, Ernakulam. The petitioners herein are accused Nos.1 to 6 in the above case.

2. Heard the learned counsel for the petitioners, the learned counsel appearing for the de facto complainant, and the learned Public Prosecutor.

3. In this matter, offences punishable under Sections 323, 324, 506, 498-A read with Section 34 of the Indian Penal Code, 1860 are alleged to have been committed by the accused.

4. It is submitted that the matter has been amicably settled and the de facto complainant filed affidavit in this regard in a case involving matrimonial dispute.

5. The learned Public Prosecutor also submitted that the matter has been settled between the parties and statement of the de facto complainant to that effect has been recorded.

6. Since the dispute has been settled between the parties, there is no reason to disallow the prayer for quashment, so as to facilitate peaceful living of the parties hereinafter. Therefore, in the interest of justice, I am inclined to allow this petition.

In the result, this Criminal Miscellaneous Case stands allowed. Annexure-A2 Final Report and all further proceedings in C.C.No. 887/2023 on the files of the Judicial First Class Magistrate Court-IX, Ernakulam arose out of Crime No.1111/2022 of Palarivattom Police Station, Ernakulam against the petitioners/accused stand quashed.

Sd/-

A. BADHARUDEEN JUDGE MJL APPENDIX OF CRL.MC 5923/2024 PETITIONERS' ANNEXURES Annexure A1 A CERTIFIED COPY OF THE FIR NO:

1111/2022 OF PALARIVATTOM POLICE STATION DATED 20.10.2022 Annexure A2 THE CERTIFIED COPY OF FINAL REPORT IN CRIME NO: 1111/2022 OF PALARIVATTOM POLICE STATION DATED 28.01.2023 Annexure A3 THE TRUE COPY OF THE SETTLEMENT AGREEMENT DATED 20.02.2024 ENTERED BETWEEN THE 1ST PETITIONER AND THE 2ND RESPONDENT Annexure A4 THE ORIGINAL AFFIDAVIT OF THE 2ND RESPONDENT DATED 26/03/2024 RESPONDENTS' ANNEXURES: NIL /TRUE COPY/ PA TO JUDGE