IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 4TH FEBRUARY 2011 / 15TH MAGHA 1932 Crl.MC.No. 333 of 2011() ------------------------ CC.723/2007 of JUDICIAL FIRST CLASS MAGISTRATE COURT-II, THRISSUR CRIME NO.295/2004 OF ANTHIKKAD POLICESTATION .................... PETITIONER(S): IST ACCUSED -------------------------- NOUSHAD, S/O.UMMER, ADAKKAPARAMBIL, MUTTICHOOR DESOM, PADIYAM VILLAGE, THRISSUR. BY ADV. SRI.SANTHOSH P.PODUVAL SMT.R.RAJITHA RESPONDENT(S): STATE & VICTIM ----------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. NISHITHA, AGED 30 YEARS, D/O.HAMZA, VALIPARAMBIL HOUSE, KOCHANNUR DESOM, VADAKKEKAD VILLAGE, CHAVAKKAD P.O.-680 506. ADV. SRI.P.K.SAJEEV FOR R2 PUBLIC PROSECUTOR SHRI K.J.MOHAMMED ANZAR FOR R1 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.333 of 2011 -------------------------------------- Dated this the 4th day of February, 2011. ORDER Petitioner is accused No.1 in Crime No.295 of 2004 of Anthikkad Police Station and the sole accused in C.C.No.723 of 2007 of the court of learned Judicial First Class Magistrate-II, Thrissur. Respondent No.2, wife of petitioner filed a private complaint against petitioner and two others before the learned Magistrate. That complaint was forwarded to the Police for investigation under Section 156(3) of the Code of Criminal Procedure. Police after investigation submitted final report against petitioner and others for offences punishable under Sections 420, 406, 498A and 506 read with Section 34 of the Indian Penal Code. Accused Nos.2 and 3 faced trial and were acquitted since the matter was settled between the parties and there was no evidence against them. Since petitioner was not available, case against him was split up and refiled as C.C.No.723 of 2007. As his presence could not procured case was included in the Long Pending Register as L.P.R.No.357 of 2008. Petitioner on the strength of the settlement with respondent No.2 now seeks to quash proceedings against him. 2. I have heard learned counsel for petitioner, respondent No.2 and the learned Public Prosecutor. Crl.MC.No.333/2011 2 3. It is seen from Annexure-D, affidavit sworn by respondent No.2 that the matter is settled between the parties and petitioner and respondent No.2 have decided to separate. The affidavit also states that accused Nos.2 and 3 who faced the trial in C.C.No.755 of 2004 were acquitted. Learned counsel on both sides submitted that the acquittal was since the matter was settled between the parties and there was no evidence against those accused. Same fate await the trial in C.C.No.723 of 2007 also if at all the parties go for trial, in the light of Annexure-D, affidavit. Petitioner and respondent No.2 have settled the dispute and decided to separate. In the circumstances proceeding with the case against petitioner is of no use and is futile. Hence I am inclined to allow this petition. Resultantly this petition is allowed. The final report in Crime No.295 of 2004 of Anthikkad Police Station, cognizance taken thereon, proceedings in C.C.No.723 of 2007 and L.P.R.No.357 of 2008 of the court of learned Judicial First Class Magistrate-II, Thrissur against petitioner are quashed. THOMAS P.JOSEPH, Judge. cks