IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 23RD FEBRUARY 2011 / 4TH PHALGUNA 1932 Crl.MC.No. 539 of 2011() ---------------------------------- CRIME NO.2348/2010 OF ERNAKULAM TOWN NORTH POLICE STATION, ERNAKULAM DISTRICT CRIME NO.2369/2010 OF THRIKKAKKARA POLICE STATION, ERNAKULAM DISTRICT ---------------------------------- PETITIONER(S): ACCUSED ---------------------------------------- SIJU A.S., AGED 35 YEARS, S/O.SIVASANKAR NAIR, AMBALATHARA HOUSE, NEAR YAKKOBIT CHURCH, MUTTUKADU KARA, CHINNAKANAL VILLAGE, IDUKKI DISTRICT, NOW RESIDING AT B/1,1ST FLOOR, ABC ARCADE, APPOLO ROAD, THAMMANAM, PALARIVATTOM, ERNAKULAM DISTRICT. BY ADV. SRI.SURESH BABU (VADUTHALA) RESPONDENT(S): STATE AND DEFACTO COMPLAINANT --------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. NIRMMALA @ NIMMI, AGED 29 YEARS, W/O.BASHEER, RESIDING AT APARTMENT NO.5, HAPPY HOMES, SEA PORT AIR PORT ROAD, KAKKANAD, ERNAKULAM DISTRICT, PIN 682 030. R1 BY PUBLIC PROSECUTOR SRI.K.J.MOHAMMED ANZAR R2 BY ADV. SRI.A.K.RAJESH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.539 of 2011 --------------------------------------- Dated this 23rd day of February, 2011 ORDER Petitioner is accused in Crime No.2369 of 2010 of Thrikkakara Police Station for offences punishable under Secs. 496, 497 and 313 of the Indian Penal Code. Allegation is that petitioner married second respondent who is wife of another person through a fraudulent marriage ceremony, had sexual intercourse with her and later, caused miscarriage when she conceived from him. Petitioner seeks to quash proceeding against him on the strength of a settlement reached with the second respondent. However after arguing the matter for some time learned counsel requested permission to withdraw the petition without prejudice to the right of petitioner to take appropriate defence in the trial court. 2. I have heard learned counsel for second respondent and the learned Public Prosecutor. Having regard to the circumstances, permission is granted. Resultantly this criminal miscellaneous case is dismissed as withdrawn without prejudice to the right of petitioner to take appropriate defence in the trial court. (THOMAS P JOSEPH, JUDGE) Sbna/-