IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 26TH APRIL 2011 / 6TH VAISAKHA 1933 Crl.MC.No. 1263 of 2011() ------------------------- CRIME No.149/2010 OF KARIKOTTAKARI POLICE STATION ------------------- PETITIONER(S)/DEFACTO COMPLAINANT :- --------------------------------------------------------------- LISSY THOMAS, W/O.THOMAS, THEKKEDATH HOUSE, AYAMKUNNU AMSOM, ANGADIKKADAVU P.O., KANNUR DISTRICT. BY ADV. SRI.CIBI THOMAS RESPONDENT(S)/ACCUSED/STATE :- --------------------------------------------------- 1. THOMAS @ SHAJU,THEKKEDATH HOUSE, AYAMKUNNU AMSOM, ANGADIKKADAVU P.O., KANNUR DISTRICT- 670 121. 2. SUB INSPECTOR OF POLICE, KARIKOTTAKARI POLICE STATION - 670 112. 3. STATE, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.K.C.A.MUNEER FOR R1 PUBLIC PROSECUTOR MR.C.M.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt THOMAS P. JOSEPH, J. ~~~~~~~~~~~~~~~~ Crl.M.C. No.1263 of 2011 ~~~~~~~~~~~~~~~~~ Dated this the 26th day of April 2011 O R D E R The de facto complainant in Crime No.149 of 2010 of Karikottakari Police Station seeks to quash proceedings against the first respondent, her husband on the strength of settlement reached with him. 2. On the complaint of petitioner, the police registered Crime No.149 of 2010 for offence punishable under Secs.341, 323, 324, 294(b) and 506(ii) of the Indian Penal Code (for short, “the IPC”). Annexure-I is the First Information Report. Petitioner states that she has settled the dispute with the first respondent/accused, her husband and hence does not want to continue the proceeding. Learned counsel for petitioner and the first respondent confirmed the settlement. It is also submitted that pursuant to the settlement, petitioner and first respondent are living together. I have heard learned Public Prosecutor also. Crl.M.C. No.1263 of 2011 -: 2 :- Learned Public Prosecutor submitted that the police submitted final report and the learned Judicial First Class Magistrate, Mattannur has taken the case on file as C.C.No.702 of 2010. 3. Since the dispute is personal to and between petitioner and the first respondent, wife and husband, that dispute is settled and the parties are living together, it is only appropriate that proceedings are terminated to maintain the cordial relationship parties have arrived at. Hence, I am inclined to allow this Crl.M.C. Resultantly, this Crl.M.C. is allowed. Final report in Crime No.149 of 2010 of Karikottakari Police Station, cognizance if any taken thereon and proceeding against the first respondent in C.C.No.702 of 2010 of the court of learned Judicial First Class Magistrate, Mattannur are quashed. THOMAS P. JOSEPH, JUDGE. Jvt