IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 23RD FEBRUARY 2011 / 4TH PHALGUNA 1932 Crl.MC.No. 566 of 2011() ----------------------------------- C.C.NO.6/2011 OF JUDICIAL 1ST CLASS MAGISTRATE COURT-II, KANNUR --------------------------------- PETITIONER(S): ACCUSED -------------------------------------- 1. DR. RAJITH PUTHEN, S/O. GOPALAKRISHNNA PILLAI, AGED 33, 1/3115/A, SATHIA BHAVAN, VADAKKATTU NILAM ROAD, KARUMAN KUZHIYIL, WEST HILL.P.O, KOZHIKODE. 2. SATHYABHAMA.P.V, W/O. GOPALAKRISHNNA PILLAI, AGED 54, 1/3115/A, SATHIA BHAVAN, VADAKKATTU NILAM ROAD, KARUMAN KUZHIYIL, WEST HILL.P.O, KOZHIKODE. 3. MANOOJIN RICHARDS, AGED 35 YEARS, 1/3115/A, SATHIA BHAVAN, VADAKKATTU NILAM ROAD, KARUMAN KUZHIYIL, WEST HILL.P.O, KOZHIKODE. BY ADV. SRI.P.V.KUNHIKRISHNAN SRI.HANSON.P. MATHEW RESPONDENT(S)/COMPLAINANT/STATE ---------------------------------------------------------- 1. STATION HOUSE OFFICER, VALAPATTANAM POLICE STATION, KANNUR - 6709 010. 2. SMITHA.P, W/O. RAJITH PUTHEN, AGED 29 YEARS, SURABHI, THEKKANMARAKANDY.P.O, AZHIKODE, KANNUR - 670 009. 3. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY ADV. SRI.SAKIR.K.H. R3 BY PUBLIC PROSECUTOR SRI.K.J.MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.566 of 2011 --------------------------------------- Dated this 23rd day of February, 2011 ORDER Petitioners are accused in C.C.No.6 of 2011 of the court of learned Judicial First Class Magistrate-II, Kannur for offence punishable under Sec.498A r/w Sec.34 of the Indian Penal Code. Case is that petitioners subjected second respondent to cruelty demanding more ornaments. Complaint was forwarded to the Baliapattam police for investigation under Sec.156(3) of the Code of Criminal Procedure. The police registered Crime No.5 of 2010. Annexure-A is the FIR and Annexure-A(6) is the final report. Petitioners seek to quash proceeding against them in terms of the compromise reached with the second respondent. Annexure-B is the affidavit filed by the second respondent. I have heard learned counsel for petitioners, second respondent and the learned Public Prosecutor. Learned counsel for second respondent has confirmed the fact of settlement and authenticity of Annexure-B, affidavit. Offence is purely personal to and between petitioners and second respondent. The dispute is settled between the parties outside Court. In the circumstance, it is not necessary to continue the proceeding. Crl.M.C.No.566 of 2011 -: 2 :- Resultantly this criminal miscellaneous case is allowed. Annexure-A(6), final report in Crime No.5 of 2010 of Baliapttam Police Station, cognizance taken thereon and proceedings in C.C.No.6 of 2011 of the court of learned Judicial First Class Magistrate-II, Kannur against petitioners are quashed. (THOMAS P JOSEPH, JUDGE) Sbna/-