IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 24TH JUNE 2011 / 3RD ASHADHA 1933 Crl.MC.No. 1894 of 2011() ------------------------------------- CC.NO. 661/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT-1, PARAPPANANGADI CRIME NO.87/2004 OF TENHIPALAM POLICE STATION, MALAPPURAM DISTRICT .................... PETITIONER(S): ACCUSED ----------------------------------------- MOOSA K.T., AGED 37 YEARS, S/O.KAMMUKUTTY, KAZHUNGUMTHOTTATHIL HOUSE, TRIKKAKARA, PALLIKKAL AMSOM DESOM, PALLIKKAL POST, MALAPPURAM DISTRICT. BY ADV. SRI.K.P.SUDHEER RESPONDENT(S): STATE& COMPLAINANT -------------------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING SUB INSPECTOR OF POLICE, TENHIPALAM POLICE STATION, TENHIPALAM, PIN -673 636, MALAPPURAM DISTRICT. 2. SAJITHA, D/O.KUNHI MOHAMMED, PALLIYALIL HOUSE, POOKKOTTOOR POST-676 517, VELOOR, MALAPPURAM DISTRICT. R1 BY PUBLIC PROSECUTOR SRI.V.MANU R2 BY ADV. SRI.SANTHEEP ANKARATH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/06/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts CRMC.NO.1894/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX A1: COPY OF THE FIRST INFORMATION REPORT DATED 21/4/2004 IN CRIME NO.87/2004 OF TENHIPALAM POLICE STATION. ANNEX A2: COPY OF THE FINAL REPORT DATED 24/05/2004 IN CRIME NO.87/2004 OF TENHIPALAM POLICE STATION. ANNEX A3: COPY OF THE AWARD DATED 17/12/2008 IN C.C.NO.360/2004 PASSED BY LOK ADALATH. ANNEX A4: COPY OF THE JUDGMENT DATED 23/5/2009 IN C.C.NO.360/2004 PASSED BY JUDICIAL FIRST CLASS MAGISTRATE'S COURT-1, PARAPPANANGADI. ANNEX A5: COPY OF THE AFFIDAVIT OF THE 2ND RESPONDENT DTED 20/6/2011. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A.TO.JUDGE sts THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.1894 of 2011 --------------------------------------- Dated this 24th day of June, 2011 ORDER Petitioner is first accused in Crime No.87 of 2004 of Thenhipalam Police Station and C.C.No.661 of 2009 of the Court of learned Judicial First Class Magistrate-I, Parappanangadi for offences punishable under Secs.406 and 498A r/w Sec.34 of the Indian Penal Code. That case was registered against petitioner and two others on a complaint filed by the second respondent. Learned Magistrate took the case on file as C.C.No.360 of 2004. Accused 2 and 3 were tried and acquitted by Annexure-A4, judgment. Since the petitioner was not available the case against him was split up and re-filed as C.C.No.661 of 2009. Petitioner requests to quash proceeding against him on the strength of a compromise reached with the second respondent. Annexure-A5 is the affidavit of the second respondent where it is stated that dispute between herself and petitioner is settled. 2. Learned counsel for petitioner and second respondent have confirmed the settlement. Learned counsel for second respondent also confirmed genuineness and authenticity of Annexure-A5, affidavit which as aforesaid revealed that the Crl.M.C.No.1894 of 2011 -: 2 :- dispute is settled. In view of that, it is not necessary to continue proceeding against petitioner since that would not be of any use. This criminal miscellaneous case is allowed. Final report in Crime No.87 of 2004 of Thenhipalam Police Station and proceeding against petitioner/first accused in C.C.No.661 of 2009 of the Court of learned Judicial First Class Magistrate-I, Parappanagadi are quashed. (THOMAS P JOSEPH, JUDGE) Sbna/-