IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 8TH MARCH 2011 / 17TH PHALGUNA 1932 Crl.MC.No. 594 of 2011() ---------------------------------- CC.105/2010 of JUDL. MAGISTRATE OF FIRST CLASS-I, KOCHI .................... PETITIONER(S): ACCUSED AND DEFACTO COMPLAINANT ---------------------------------------------------------------------------------- 1. SASI, AGED 35 YEARS, S/O.ARAVINDAKSHAN, H.NO.1/1672, AMARAVATHY, FORT KOCHI. 2. REJEENA BONIFES,AGED 31 YEARS, D/O.BONIFES, H.NO.X/830, S.S.KRISHNA ROAD, AMARAVATHI, FORT KOCHI. BY ADV. SRI.C.ANILKUMAR (KALLESSERIL) RESPONDENT(S): COMPLAINANTS ------------------------------------------------- STATE OF KERALA,(REPRESENTED BY THE SUB INSPECTOR FO POLICE,FORT KOCHI POLICE STATION- CR.1211/2009 OF FORT KOCHI POLICE STATION) REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.594 of 2011 -------------------------------------- Dated this the 8th day of March, 2011. ORDER Petitioners are husband and wife. On the complaint of petitioner No.2 Fort Kochi Police registered Crime No.1211 of 2009 against petitioner No.1 for offences punishable under Sections 451, 323 and 326 of the Indian Penal Code and after investigation submitted Annexure-A, final report before learned Judicial First Class Magistrate-I, Kochi who took cognizance of the said offences and filed C.C.No.105 of 2010. Petitioners seek to quash proceeding against petitioner No.1 on the strength of a settlement reached between them. I have heard learned counsel for petitioners and the learned Public Prosecutor. Learned Public Prosecutor after getting instruction has confirmed the settlement. 2. It is revealed that in the incident petitioner No.2 suffered a hairline fracture on her wrist. Petitioner No.1 is said to have collected a stick from the room and assaulted petitioner No.2. Parties are husband and wife. They have settled the dispute. In the circumstances I am inclined to allow the request. Crl.MC No.594/2011 2 Resultantly this petition is allowed. Annexure-A, final report in Crime No.1211 of 2009 of Fort Kochi Police Station, cognizance taken thereon and proceeding against petitioner No.1 in C.C.No.105 of 2010 of the court of learned Judicial First Class Magistrate-I, Kochi are quashed. THOMAS P.JOSEPH, Judge. cks