IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 8TH FEBRUARY 2011 / 19TH MAGHA 1932 Crl.MC.No. 388 of 2011() ------------------------ CRIME NO.213/10 OF CHANGARAMKULAM POLICE STATION PETITIONER(S): ACCUSED ---------------------- ASHRAF, S/O.AHAMMEDUNNI, THOPPILAVALAPPIL HOUSE, OTHALUR AMSOM, KOLIKKARA DESOM, PONNANI TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.C.M.MOHAMMED IQUABAL RESPONDENT(S): COMPLAINANT & STATE ---------------------------------- 1. THAHIRA @ VAHIDA, D/O HIDROSE, MULANGATH VEETIL, POST PERUMBILAVU, THRISSUR DISTRICT. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SMT.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ---------------------------------------------- Crl.M.C.No. 388 of 2011 ---------------------------------------------- Dated this the 8th day of February, 2011 O R D E R Petitioner is accused in Crime No.213/10 of Changaramkulam Police Station for offences punishable under Sections 406. 420 and 498A of Indian Penal Code. Case was registered on a complaint filed by respondent No.1 alleging that petitioner cheated and subjected her to cruelty demanding ornaments. Police registered a case and after investigation submitted final report. This petition is to quash Annexure- I FIR and Annexure-II final report on the strength of the compromise with respondent No.1. 2. I have heard learned counsel for petitioner, respondent No.1 and the learned Public Prosecutor. Learned counsel for respondent No.1 has confirmed fact of settlement. Annexure-III is a photostat copy of agreement executed between brother of petitioner and respondent No.1 (since petitioner is abroad). In the agreement it is stated that respondent No.1 has no objection in quashing the proceedings in Crime No.213/10. Annexure-IV is the affidavit sworn by respondent No.1. It is stated that she has settled the case in the presence of a mediator. She does not want to prosecute the matter further and has no objection in quashing Annexure-I FIR and Annexure-II final report. Crl.MC.388/11 2 3. I have gone through Annexure-III agreement and Annexure-IV affidavit. As per the agreement parties have decided to live separated. It is stated in the agreement that respondent No.1 has no intention in pursuing the proceedings taken against petitioner/accused. Resultantly, this petition is allowed and Annexure-II final report against the petitioner in Crime No.213/10 of Changaramkulam Police Station and all proceedings taken thereon are quashed. THOMAS P.JOSEPH, JUDGE vgs