IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 23RD SEPTEMBER 2011 / 1ST ASWINA 1933 Crl.MC.No. 3237 of 2011() ------------------------------------- CRIME NO.1374/2009 OF FORT KOCHI POLICE STATION. .................... PETITIONER/ACCUSED ---------------------------------- JOSEPH D' NAZARETH, AGED 51 YEARS, S/O. LATE EDWARD J D' NAZARETH, 1/291, LILLY STREET, KOCHI-682 001, FORT KOCHI VILLAGE, KOCHI TALUK, ERNAKULAM DISTRICT (NOW WORKING IN ENGINEERING OFFICE, SHEIKH ZIED CENTER GENERAL CIVIL AVIATION AUTHORITY, P.O. BOX NO.6558, ABU DHABI, U.A.E.) BY ADV. SRI.BOBY MATHEW. RESPONDENTS/STATE & DEFACTO COMPLAINANT ---------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUSANNA J.D' NAZARETH – ALIAS- SHONU ALEYAMMA PAULOSE, AGED 32 YEARS, DAUGHTER OF LATE PAULOSE THOMAS, C.C. 1/1543, PATTALAM MARKET ROAD, FORT KOCHI, KOCHI-682 001. (NOW RESIDING AT 1/291, LILLY STREET, KOCHI-682 001, FORT KOCHI VILLAGE, KOCHI TALUK, ERNAKULAM DISTRICT). R1 BY PUBLIC PROSECUTOR MR.I.V. PRAMOD. R2 BY ADV. SMT.SINI GEORGE VARGHESE KIZHAKKAMBALAM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs Crl.MC.No. 3237 of 2011 APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE-A1: COPY OF THE FINAL REPORT IN CRIME NO.1374/2009 OF THE FORT KOCHI POLICE STATION, PENDING AS C.C. NO.267/2010 BEFORE THE J.F.C.M-I, KOCHI. ANNEXURE-A2: COPY OF THE FINAL ORDER DATED 02/07/2011 PASSED BY THE J.F.C.M-I, KOCHI IN M.P. NO.4007/2009. ANNEXURE-A3: COPY OF THE AFFIDAVIT DATED 02/07/2011 SWORN TO BY THE 2ND RESPONDENT. RESPONDENT'S ANNEXURES:- NIL. //TRUE COPY// P.A. TO JUDGE rs N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3237 of 2011 ----------------------------------- Dated this the 23rd day of September 2011 O R D E R Petitioner is the sole accused in C.C.No.267/2010 of Judicial First Class Magistrate-I, Kochi. The offence alleged against him is under Sec.498A IPC. The de facto complainant therein is the 2nd respondent, who is represented by her counsel. An affidavit has been filed by the 2nd respondent to the effect that the matter has already been settled between the parties out of court and in terms of the settlement, this case has to be allowed. Since the petitioner is not interested in prosecuting the matter and in view of the matter that the dispute is purely personal in nature, I am inclined to allow this petition. In the result, this Crl.M.C. is allowed. Further proceeding in C.C.No.267/2010 on the file of Judicial First Class Magistrate Court-I, Kochi is hereby quashed. N.K.BALAKRISHNAN, JUDGE. Jvt