IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 24TH MARCH 2011 / 3RD CHAITHRA 1933 Crl.MC.No. 4550 of 2010() ------------------------------------ CC.NO.375/2010 of JUDICIAL MAGISTRATE OF FIRST CLASS COURT-I, PALAKKAD CRIME NO.399/2010 OF KUZHALMANNAM POLICE STATION, PALAKKAD DISTRICT .................... PETITIONER(S): ACCUSED --------------------------------------- BALAN, AGED 54 YEARS, S/O.CHELLAN, PANAYOOR HOUSE, KUNNATHOORMEDU, NEAR PALAKKAD SOUTH POLICE STATION, PALAKKAD. BY ADV. SRI.NIREESH MATHEW RESPONDENT(S): STATE & DEFACTO COMPLAINANT ----------------------------------------------------------------------------- 1. STATE OF KERALA REP. BY S.I. OF POLICE, KUZHALMANNAM POLICE STATION, PALAKKAD DISTRICT REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. NIMYAMOL, AGED 18 YEARS, D/O.NARAYANAN, ALANGATTUTHARA HOUSE, KIZHAKKE YAKKARA, KUNNATHOORMEDU, PALAKKAD DISTRICT. R1 BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA R2 BY ADV. SRI.P.K.ANIL THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.4550 of 2010 --------------------------------------- Dated this 24th day of March, 2011 ORDER Petitioner is accused in Crime No.399 of 2010 of Coyalmannam Police Station and C.C.No.375 of 2010 of the Court of learned Judicial First Class Magistrate-I, Palakkad for offences punishable under Sec.341 and 354 of the Penal code. Case is that on 07.08.2010 at about 2.30p.m petitioner wrongfully restrained and outraged modesty of the second respondent. Petitioner requested to quash proceeding against him on the strength of a settlement reached with the second respondent. I have heard learned counsel for petitioner, second respondent and the learned Public Prosecutor. 2. Learned counsel for petitioner and second respondent confirmed the settlement of the case. Learned counsel for second respondent has also confirmed authenticity of affidavit sworn by the second respondent. It is revealed from the affidavit of second respondent that she has settled the dispute with petitioner and that she is not interested in proceeding against the petitioner. 3. Since the offence is purely personal to and between petitioner and the second respondent and that dispute is settled I Crl.M.C.No.4550 of 2010 -: 2 :- am inclined to interfere and terminate the proceeding. Resultantly this criminal miscellaneous case is allowed. Final report in Crime No.399 of 2010 of Coyalmannam Police Station and proceeding taken against petitioner pursuant to that, will stand quashed. (THOMAS P JOSEPH, JUDGE) Sbna/-