IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 10TH FEBRUARY 2011 / 21ST MAGHA 1932 Crl.MC.No. 321 of 2011() ----------------------------------- CRIME NO.102/2010, ELATHUR POLICE STATION, OF JFCM, KOYILANDY -------------------------------- PETITIONER(S): ACCUSED --------------------------------------- 1. JITHESH.P, S/O.BHARATHAN, AGED 35, RESIDING AT "JITHESH NIVAS", P.O.ELATHUR, KOZHIKODE. 2. K.VIJAYALAKSHMI, W/O.BHARATHAN, AGED 61, RESIDING AT "JITHESH NIVAS", P.O.ELATHUR, KOZHIKODE. BY ADV. SRI.SRINATH GIRISH RESPONDENT(S): STATE AND DE FACTO COMPLAINANT ---------------------------------------------------------------------------------- 1. THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SHOBI, D/O.ACHUTHAN, AGED 28, RESIDING AT PUTHALATH HOUSE, PUTTEKAD, FEROKE, KOZHIKODE.PIN- 673 631 R1 BY PUBLIC PROSECUTOR SRI. K.J. MOHAMMED ANZAR R2 BY ADV. SRI.E.NARAYANAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/02/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.321 of 2011 --------------------------------------- Dated this 10th day of February, 2011 ORDER Petitioners are accused in Crime No.102 of 2010 of Elathur Police Station for offences punishable under Secs. 406 and 498A of the Indian Penal Code. That case was registered on a complaint preferred by the second respondent before the learned Judicial First Class Magistrate, Koyilandy and forwarded to the police for investigation under Sec.156(3) of the Code of Criminal Procedure. Petitioner now seeks to quash proceedings against him on the strength of a settlement reached by the second respondent. 2. I have heard learned counsel and learned Public Prosecutor. Learned Public Prosecutor submits that final report has been filed in the case on 14.06.2010. Learned Public Prosecutor submitted after getting instruction that the parties have settled the dispute and that pursuant to the agreement reached between them they filed a joint petition before the Family Court, Kozhikode under Sec.13B of the Hindu Marriage Act and the marriage was dissolved between second respondent and first petitioner as per order dated 30.09.2010 in O.P.No.280 Crl.M.C.No.321 of 2011 -: 2 :- of 2010. 3. Learned counsel for second respondent has confirmed the fact of settlement and dissolution of marriage with first petitioner as per the order above stated. Second respondent has sworn an affidavit stating that the matter has been settled between the parties and that she does not intend to proceed with the matter further. In the light of the settlement reached between the parties and since there is no possibility of a successful termination of the prosecution I am inclined to interfere. Resultantly this criminal miscellaneous case is allowed. Annexures-1 and II, FIR and final report in Crime No.102 of 2010 of Elathur Police Station and further proceedings if any initiated by the learned Judicial First Class Magistrate, Koyilandy on the said final report against petitioners are quashed. (THOMAS P JOSEPH, JUDGE) Sbna/-