IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 4TH JANUARY 2011 / 14TH POUSHA 1932 Crl.MC.No. 7 of 2011() ---------------------- CC.4449/2010 of JUDICIAL FIRST CLASS MAGISTRATE, IRINJALAKUDA CRIM NO.324/2010 OF KATTOOR POLICESTATION .................... PETITIONER(S): ACCUSED ---------------------- BENOY, S/O. PURUSHOTHAMAN, AGED 39 YEARS KUNJILIKATTIL HOUSE, KARLAM VILLAGE, KIZHUTHANI DESOM, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.RAJESH CHAKYAT RESPONDENT(S): COMPLAINANT -------------------------- 1. JITHA.C.J., D/O. JAYAPALAN, AGED 34 YEARS CHEERAMPARAMBIL HOUSE, CHETTIPARAMBU, IRINJALAKUDA, MUKUNDAPURAM TALUK,THRISSUR DISTRICT 2. THE SUB INSPECTOR OF POLICE, KATTOOR, THRISSUR DISTRICT, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. ADV. SRI.C.V.SIVARAMAN FOR R1 PUBLIC PROSECUTOR SHRI K.J.MOHAMED ANZAIR FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.7 of 2011 -------------------------------------- Dated this the 4th day of January, 2011. ORDER This petition is filed by the accused in C.C.No.4449 of 2010 of the court of learned Judicial First Class Magistrate, Irinjalakuda. Respondent No.1, his wife filed a private complaint alleging offences punishable under Sections 498A, 406, 307, 324 and 326 of the Indian Penal Code (for short, “the Code”). That complaint was forwarded to the Kattoor police for investigation. Kattoor police registered Crime No.324 of 2010. Annexure-1 is the first information report. After investigation the police submitted Annexure-2, final report alleging offences punishable under Sections 498A and 406 of the Code. Learned Magistrate took cognizance for the said offences and registered C.C.No.4449 of 2010. In the meantime, petitioner and respondent No.1 settled the dispute between them and have filed Annexure-3, joint petition in this Court requesting to compound the offence. In that petition it is stated that parties have settled the dispute and that respondent No.1 does not intend to proceed with the prosecution since that will affect the cordial relationship between respondent No.1 and petitioner. 2. I have heard learned counsel for petitioner, respondent No.1 and Public Prosecutor who took notice for respondent No.2. Crl.M.C.No.7/2011 2 3. Learned counsel for petitioner and respondent No.1 submits that petitioner and respondent No.1 are living together as husband and wife. 4. It is revealed from the joint petition that parties have settled the dispute and are living together as husband and wife. In such a situation continuance of the proceedings would affect the cordial relationship between parties and that would affect their family life. In the circumstances I am inclined to allow this petition. In the result, this petition is allowed. Annexure -1, first information report and Annexure-2, final report in Crime No.324 of 2010 and all proceedings in C.C.No.4449 of 2010 of the court of learned Judicial First Class Magistrate, Irinjalakuda are quashed. Crl.M.A.No.18 of 2010 will stand dismissed. THOMAS P.JOSEPH, Judge. cks