IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 8TH JUNE 2011 / 18TH JYAISHTA 1933 Crl.MC.No. 1631 of 2011() ------------------------------------- CC.527/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, HOSDURG CRIME NO.772/2009 OF HOSDURG POLICE STATION. .................... PETITIONERS/ACCUSED & DEFACTO COMPLAINANT: ------------------------------------------------------------------------------ 1. V.V. ANIL KUMAR, S/O.P.K. SHANMUGAN RESIDING AT P.K. NIVAS, KANHANGAD SOUTH KANHANGAD VILLGE, HOSDURG TALUK, KASARAGOD DIST. 2. JYOTHIPRASANNA K.G., D/O.K. GOPALAN KANDATHIL HOUSE, UDUMA VILLAGE HOSDURG TALUK, P.O. UDUMA WEST, KASARAGOD DIST. BY ADV. SRI.C.K.SREEJITH RESPONDENTS/COMPLAINANT & STATE: ------------------------------------------------------------ 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. S.H.O. HOSDURG POLICE STATION REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY PUBLIC PROSECUTOR MR.K.J. MOHAMMED ANZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.1631 of 2011 -------------------------------------- Dated this the 8th day of June, 2011. ORDER Petitioners are the accused and defacto complainant in Crime No.772 of 2009 of Hosdurg Police Station and C.C.No.527 of 2010 of the court of learned Judicial First Class Magistrate-I, Hosdurg for offence punishable under Section 498A of the Indian Penal Code. Petitioners say that they have settled the dispute among them and accordingly request to quash proceeding against first petitioner/accused. I have heard learned counsel for petitioners and the learned Public Prosecutor. 2. Annexure-A4 is the photocopy of an agreement executed between petitioners 1 and 2. In terms of that settlement and as per order dated May 10, 2010 in O.P.No.352 of 2010 of Family Court, Kasaragod the marriage was dissolved. Annexure-A5 is the Notary attested affidavit of the second petitioner stating that she has settled the dispute with first petitioner. 3. Since the dispute is purely personal to and between first petitioner and second petitioner and that the dispute is settled, I am inclined to allow the request. Resultantly Criminal Miscellaneous Case is allowed. Final report in Crime Crl.MC No.1631/2011 2 No. 772 of 2009 of Hosdurg Police Station, cognizance taken thereon and proceeding against first petitioner/accused in C.C.No.527 of 2010 of the court of learned Judicial First Class Magistrate-I, Hosdurg are quashed. THOMAS P.JOSEPH, Judge. cks