IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 10TH JUNE 2011 / 20TH JYAISHTA 1933 Crl.MC.No. 1717 of 2011() ----------------------------------- CC.879/2010 of JUDICIAL MAGISTRATE OF FIRST CLASS COURT, MATTANNUR CRIME NO.138/2010 OF ULIKKAL POLICE STATION. .................... PETITIONERS/ACCUSED 1 TO 3 AND DEFACTO COMPLAINANT ------------------------------------------------------------------------------------------ 1. RIX T.BALAN, S/O.BALAN T.JOSEPH, 28 YEARS, MOOSSARIETTU HOUSE, PADANNAKKAD, NEELESWARAM, HOSDURG TALUK, KASARAGOD DISTRICT. 2. BALAN T.JOSEPH, MOOSSARIETTU HOUSE, PADANNAKKAD, NEELESWARAM, HOSDURG TALUK, KASARAGOD DISTRICT. 3. ANE CRISTY VARGHESE, D/O.VARGHESE, AGED 26 YEARS, PALAKKUNNEL HOUSE, ULIKKAL P.O., KOKKAD, THALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.K.M.FIROZ, SMT.M.SHAJNA. RESPONDENT/STATE ------------------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, ULIKKAL POLICE STATION, KANNUR DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.JAYASURYA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1717 of 2011 ==================================== Dated this the 10th day of June, 2011 O R D E R Petitioners are accused 1 and 2 and the de facto complainant in Crime No.138 of 2011 of Ulikkal Police Station and C.C. No.879 of 2010 of the court of learned Judicial First Class Magistrate, Mattannur for offence punishable under Section 498A read with Section 34 of the Indian Penal Code. Petitioners 1 and 2 request to quash proceedings against them on the strength of a settlement reached with the third petitioner. I have heard learned counsel for petitioners and the learned Public Prosecutor. 2. Petitioners 1 and 3, husband and wife have filed a joint affidavit stating that the dispute among them is settled and that they have decided to separate. In the circumstances they did not want to continue the proceeding. In view of the settlement I am satisfied that it is not necessary to continue prosecution. Hence I am inclined to allow the petition. Resultantly, Criminal Miscellaneous Case is allowed. Annexure-A, final report in Crime No.138 of 2010 of Ulikkal Police station, cognizance taken thereon and all proceeding against CRL.M.C. No.1717 of 2011 -: 2 :- petitioners 1 and 2 in C.C. No.879 of 2010 of the court of learned Judicial First Class Magistrate, Mattannur are quashed. THOMAS P. JOSEPH, JUDGE. vsv