IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 1ST JULY 2011 / 10TH ASHADHA 1933 Crl.MC.No. 1974 of 2011() -------------------- CC.4606/2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, IRINJALAKUDA ............... PETITIONERS / ACCUSED NO. 1 TO 4 : ------------------------------------------------------ 1. ABHAYAN, AGED 34 YEARS, S/O.RAJU @ RAJAN, IDAYAPPURAM HOUSE, POTTA VILLAGE, POTTA DESOM, CHALAKKUDY, THRISSUR. 2. SARASWATHY, AGED 59 YEARS, W/O.RAJU @ RAJAN, IDAYAPPURAM HOUSE, POTTA VILLAGE, POTTA DESOM, CHALAKKUDY, THRISSUR. 3. BINDU, AGED 32 YEARS, W/O.SURESH, THAYYIL HOUSE, AZHAKAM DESOM, KODAKARA VILLAGE, THRISSUR. 4. BEENA, AGED 38 YEARS, W/O.SUDHARMAN, KOLLAMPARAMBIL HOUSE, PERAMBRA DESOM, KODAKARA VILLAGE, THRISSUR. BY ADV. SRI.M.B.PRAJITH RESPONDENTS / COMPLAINANT : ------------------------------------------------- 1. DHANYA, AGED 26 YEARS, D/O.RAJAN, RESIDING AT KALLADA HOUSE, THANNISSERY DESOM, MANAVALASSEY VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI. SURAJ S. R2 BY PUBLIC PROSECUTOR SRI. V. MANU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/- Crl.MC.No. 1974 of 2011() APPENDIX PETITIONER'S ANNEXURE'S ANNEXURE A-I : COPY OF THE FIR OF CRIME NO. 314 OF 2010. ANNEXURE A-II : COPY OF THE FINAL REPORT FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, IRINJALAKKUDA IN CC NO. 4606 OF 2010. ANNEXURE A-III : COPY OF THE PETITION DATED 3-11-2010 FILED UNDER SECTION 13B OF THE HINDU MARRIAGE ACT. ANNEXURE A-IV : COPY OF THE AFFIDAVIT SWORN BY THE 1ST RESPONDENT. RESPONDENT'S ANNEXURE'S - NIL //TRUE COPY// P.A. TO JUDGE Mn THOMAS P. JOSEPH, J. ---------------------------------------------- Crl. M.C No. 1974 OF 2011 ----------------------------------------------- DATED THIS THE 1st DAY OF JULY, 2011 O R D E R Petitioner is accused in Crime No.314 of 2010 of Kottoor Police station and CC No.4606 of 2010 of the Court of learned Judicial First Class Magistrate, Irinjalakkuda for offences punishable under Sections 498-A and 406 read with Section 34 of IPC. Petitioner requests to quash proceedings on the strength of a settlement reached with his wife, the 1st respondent. Parties have filed a joint petition signed by themselves and their respective counsel (Crl. M.A No.4034 of 2011) supported by the affidavit of the 1st respondent. She has also filed Annexure-IV affidavit wherein it is stated that the dispute is settled. Learned counsel for 1st respondent has confirmed the genuineness and authenticity of affidavit filed by the 1st respondent. 2. I have heard learned Public Prosecutor also. In view of the settlement, it is not necessary to continue the proceeding. Resultantly, this Criminal Miscellaneous case is allowed. The final report in Crime No.314 of 2010 of Katoor police station, cognizance taken thereon and proceeding against Crl. M.C No.1974/2011 -2- petitioner in CC No.4606 of 2010 of the Court of learned Judicial First Class Magistrate, Irinjalakuda are quashed. Sd/- THOMAS P. JOSEPH JUDGE AMG True copy P.A to Judge