IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 6TH APRIL 2011 / 16TH CHAITHRA 1933 Crl.MC.No. 1133 of 2011() ----------------------------------- L.P. NO.196/2006 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, TIRUR. .......... PETITIONER(S): ACCUSED -------------------------------------- PUNNASSERY SHAJI, S/O.ARUMUGAN, PUNNASSERY VEEDU, THOTTILANGADI, MANGALAM P.O., TIRUR. BY ADV. SRI.K.P.MUJEEB RESPONDENT(S): COMPLAINANT ------------------------------------------------ 1. VIJAYALAKSHMI, D/O.KUMARAN, PADINJARE PURAKKAL P.O.VETTOM, TIRUR. 676 123. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 682 031. R1 BY ADV. SRI.S.MOHAMMED AL RAFI R2 BY PUBLIC PROSECUTOR SRI.JAIBY PAUL THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1133 of 2011 ==================================== Dated this the 07th day of April, 2011 O R D E R Petitioner is accused in Crime No.111 of 2004 of Tirur Police Station, C.C. No.481 of 2004 and L.P. No.196 of 2006 of the court of learned Judicial First Class Magistrate, Tirur for offence punishable under Sections 498A of the Indian Penal Code. Since petitioner was not available, the case was included in the L.P. Register. Petitioner has settled the matter with the first respondent, his wife and requests this Court to quash proceeding against him. I have heard learned counsel for petitioner, first respondent and learned Public Prosecutor. Learned counsel on either side confirmed the settlement and authenticity of affidavit of first respondent. It is submitted that first respondent is living with the petitioner as his wife. In that view of the matter and the settlement, it is not necessary to continue the proceeding. Hence I am inclined to allow the petition. Resultantly, Criminal Miscellaneous Case is allowed. Final report in Crime No.111 of 2004 of Tirur Police Station, cognizance CRL.M.C. No.1133 of 2011 -: 2 :- taken thereon and proceeding against petitioner in C.C. No.481 of 2004 and L.P. No.196 of 2006 of the court of learned Judicial First Class Magistrate, Tiur are quashed. THOMAS P. JOSEPH, JUDGE. vsv