IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 3RD JANUARY 2011 / 13TH POUSHA 1932 CRL.MC.NO. 4701 OF 2010() ----------------------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.319/2010 CMP.99/2010 OF JUDL. MAGISTRATE OF FIRST CLASS COURT, PATTAMBI PETITIONER(S): ACCUSED 1 TO 3 --------------------------------------------------- 1. UMMER,AGED 38 YEARS,S/O.MOIDU, NARAYAPARAMBIL HOUSE,P.O.CHERUKODE,APPAMKANDAM, OTTAPALAM TALUK,PALAKKAD DISTRICT. 2. KUNHUMOHAMMED,AGED 40 YEARS,S/O.MOIDU, NARAYAPARAMBIL HOUSE,P.O.CHERUKODE,APPAMKANDAM, OTTAPPALAM TALUK,PALAKKAD DISTRICT. 3. HASEENA,36 YEARS,W/O.KUNHUMOHAMMED, NARAYAPARAMBIL HOUSE,P.O.CHERUKODE,APPAMKANDAM, OTTAPALAM TALUK,PALAKKAD DISTRICT. BY ADV. SRI.P.JAYARAM RESPONDENT(S): STATE AND COMPLAINANT ----------------------------------------------------------------- 1. STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. 2. SABITHA,D/O.MOIDUNNI,PADINHAKKARA HOUSE, P.O.ERUMAPETTY,THALAPPILLY TALUK, THRISSUR DISTRICT,PIN-680584. BY PUBLIC PROSECUTOR SHRI K.J. MOHAMED ANZARI FOR R1 ADV. SRI.E.B.SHAIJU FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.4701 of 2010 ==================================== Dated this the 03rd day of January, 2011 O R D E R This petition is filed under Section 482 of the Code of Criminal Procedure (for short, “the Code”) to quash Annexure A2, F.I.R. in Crime No.38 of 2010 of Patambi police station for offence punishable under Section 498A read with 34 of the Indian Penal Code. Petitioners are accused in the case. That case arose on a complaint preferred by respondent No.2, wife of petitioner No.1. At a stage when the matter came to this court with petitioners seeking anticipatory bail, there was a mediation between the parties which has resulted in Annexure A7, agreement executed by petitioner No.1 and respondent No.2 stating the terms and conditions of the settlement between them. It is stated that in accordance with that settlement petitioner No.1 has divorced respondent No.2 and the amount payable to her has already been paid. In the circumstances further investigation of the case is not warranted. Hence this petition. 2. When the matter came up for hearing on 01.12.2010 respondent No.2 stated that she is prepared to compound the offence and that an affidavit will be filed to that effect. Accordingly respondent No.2 has sworn to an affidavit. Learned counsel for CRL. M.C. No.4701 of 2010 -: 2 :- petitioners submitted that in the circumstances it is not necessary to pursue the investigation in Crime No.38 of 2010. I have heard learned counsel for petitioner, respondent No.2 and the learned Public Prosecutor. 3. Annexure A7 is the agreement executed by petitioner No.1 and respondent No.2 settling the terms and conditions for settlement. In the affidavit sworn to by respondent No.2 she has stated that she has received `.9,50,000/- from petitioner No.1 in accordance with Annexure A7, agreement. She stated that she was divorced by petitioner on 23.03.2010. It is also stated that in the circumstances she has no objection in allowing this petition. 4. It is seen from the materials placed before me that parties have settled the dispute between them. In the circumstances further investigation of the crime is not required as it will not yield the expected result. Having regard to the facts and circumstances of the case I am inclined to allow this petition. Resultantly this Criminal Miscellaneous Case is allowed. Annexure A2, F.I.R. in Crime No.38 of 2010 of Pattambi Police Station is quashed. THOMAS P. JOSEPH, JUDGE. vsv