IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 13TH DECEMBER 2011 / 22ND AGRAHAYANA 1933 Crl.MC.No. 3831 of 2011() ------------------------- CC.1948/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, ATTINGAL .................... PETITIONER(S): ACCUSED ---------------------- ASOKAN, S/O.RAGHAVAN, POIKAVILA VEEDU, AZHOOR DESOM, AZHOOR VILLAGE. BY ADV. SRI.LIJU. M.P RESPONDENT(S): DEFACTO-COMPLAINANT & COMPLAINANT ------------------------------------------------ 1. SINDU, D/O.SANTHAKUMARY, SANTHA NIVAS,KUTTIKKADU LANE, CHIRAYINKEEZH DESOM, SARKARA VILLAGE. 2. STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, CHIRAYINKEEZH POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY P.P.MR.RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: APPENDIX(CRL.M.C.3831/2011) PETITIONER'S ANNEXURES: ANNEXURE A: CERTIFIED COPY OF THE CHARGE SHEET IN CRIME NO.46/06 OF CHIRAYINKEEZH POLICE STATION. ANNEXURE B: TRUE COPY OF THE SETTLEMENT EXECUTED BETWEEN THE PETITIONER AND THE 1ST RESPONDENT BEFORE THE HON'BLE FAMILY COURT, KOLLAM. ANNEXURE C: TRUE COPY OF THE JUDGMENT DATED 13.5.2010 PASSED IN O.P.NO.619/2010 ON THE FILE OF THE FAMILY COURT, NEDUMANGAD. N.K.BALAKRISHNAN, J. ---------------------------------------------------- Crl.M.C.No.3831 of 2011 ---------------------------------------------------- Dated this the 13th day of December, 2011 Order The petitioner is the sole accused in CC No.1948 of 2006 on the file of JFCM Court-I, Attingal. The offence alleged against him is under Section 498A IPC. The first respondent is the defacto complainant. She has been served with notice, but, she has not entered appearance before this court. The learned counsel for the petitioner submits that all the matrimonial disputes between the petitioner and the first respondent have already been settled. Proceedings before the Family Court were also disposed of in the light of the settlement arrived at between the parties. Annexure B is the compromise petition filed by the parties before the Family Court, Kollam. In paragraph 4 of that petition, it was stated that the case pending before JFCM Court-I, Attingal will also be disposed of as settled and that the first respondent will not raise any objection with regard to the same. Though the first respondent is not before the court, since Annexure B settlement was filed before the Family Court, Kollam which was accepted Crl.M.C.3831/2011 2 and acted upon by that court, I find that in the light of the settlement arrived at, further proceedings in the aforesaid case can be quashed. Hence, this Crl.M.C. is allowed. Further proceedings in CC No.1948 of 2006 on the file of JFCM Court-I, Attingal is quashed. N.K.BALAKRISHNAN, JUDGE. srd Crl.M.C.3831/2011 3