IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 29TH APRIL 2011 / 9TH VAISAKHA 1933 CRL.MC.NO. 1318 OF 2011() --------------------------------------- CC.593/2009 OF JUDL.MAGISTRATE OF FIRST CLASS-I, KOTTARAKKARA .................... PETITIONER(S): ACCUSED ---------------------------------------- LINUMON, LEENALAYAM VEEDU, MATTATHIKONAM PADINJATTATHIL, EDAMULAKKAL VILLAGE, KOTTARAKKARA. BY ADV. SRI.SYAM J SAM RESPONDENT(S): STATE AND DEFACTO COMPLAINANT ----------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. AMBILY, 32 YEARS, W/O.LINUMON, LEENALAYAM VEEDU, MATTATHIKONAM PADINJATTATHIL, EDAMULAKKAL VILLAGE, KOTTARAKKARA. BY PUBLIC PROSECUTOR SHRI K.J. MOHAMMED ANZAR ADV. SRI.A.R.ARSHAD KHAN FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1318 of 2011 ==================================== Dated this the 29th day of April, 2011 O R D E R Petitioner is the sole accused in Crime No.379 of 2008 of Ezhukone Police Station and C.C. No. 593 of 2009 of the court of learned Judicial First Class Magistrate-I, Kottarakkara for offence punishable under Section 498A read with Section 34 of the Indian Penal Code. That case was registered on a complaint filed by the second respondent, wife of petitioner before learned Magistrate and forwarded to the police under Sec.156(3) of the Code of Criminal Procedure. Petitioner says that he has settled the dispute with the second respondent and in the circumstances request to quash proceeding against him. I have heard learned counsel for petitioner, second respondent and the learned Public Prosecutor. Counsel on both sides confirmed the settlement. It is seen from Annexure-A2, affidavit sworn by the second respondent and attested by counsel for second respondent in this proceeding that the dispute is settled. Accordingly petitioner and second respondent are living together. Counsel on both sides confirmed authenticity of Annexure-A2, affidavit. In the CRL.M.C. No.1318 of 2011 -: 2 :- circumstances there is no necessity to continue the proceeding. Hence I am inclined to allow this petition. Resultantly, Criminal Miscellaneous Case is allowed. Annexure-A1, final report in Crime No.379 of 2008 of Ezhukone Police Station, cognizance taken thereon and proceeding against petitioner in C.C. No.593 of 2009 of the court of learned Judicial First Class Magistrate-I, Kottarakkara are quashed. THOMAS P. JOSEPH, JUDGE. vsv