IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 28TH MARCH 2011 / 7TH CHAITHRA 1933 Crl.MC.No. 986 of 2011() ------------------------ CC.83/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, THRISSUR .................... PETITIONER NO.1:ACCUSED: -------------------------------------------- 1. RAJEEV JAYADEVAN, AGED 39 YEARS, S/O. C.P.JAYADEVAN, AATHIRA, 38/2113, AISHWARYA LANE, ELAMKULAM, KOCHI-17. 2. DR. M.K.VINAYAN, AGED 63 YEARS, S/O. MOOTHERI KUMARAN, SREEGOKULAM, KANNANKULANGARA, CHIYYARAM VILLAGE, THRISSUR. BY ADVS. SRI.S.SREEKUMAR, SRI.JOHNSON ABRAHAM. RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, NEDUPUZHA POLICE STATION, BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT. M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.986 of 2011 -------------------------------------- Dated this the 28th day of March, 2011. ORDER This proceeding is to quash the final report and proceeding in C.C.No.83 of 2010 of the court of learned Judicial First Class Magistrate-II, Thrissur arising from the final report in Crime No.503 of 2009 of Nedupuzha Police Station for offence punishable under Section 498A of the Indian Penal Code. First petitioner is the accused while second petitioner is the father-in-law of the first petitioner who set the law in motion by filing the complaint. Petitioners state that wife of first petitioner and daughter of second petitioner is now staying in United States. (She is not even a prosecution witness in the final report.) It is submitted that pursuant to the settlement reached between the parties, first petitioner and his wife has filed a joint petition before the Family Court, Thrissur under Section 13B of the Hindu Marriage Act. Second petitioner has sworn an affidavit stating that the matter is settled between parties and that he does not intend to proceed with the case further. 2. The case is initiated on the complaint filed by second petitioner. The dispute is settled between the parties and the second petitioner has also joined in this Criminal Miscellaneous Case and filed affidavit. Authenticity of the affidavit is confirmed by the learned counsel for petitioners I am inclined to allow this petition. Crl.MC No.986/2011 2 Resultantly this petition is allowed. Final report in Crime No.503 of 2009 of Nedupuzha Police Station, cognizance taken thereon and proceeding against first petitioner/accused in C.C.No.83 of 2010 of the court of learned Judicial First Class Magistrate-II, Thrissur are quashed. THOMAS P.JOSEPH, Judge. cks