IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 15TH MARCH 2011 / 24TH PHALGUNA 1932 Crl.MC.No. 523 of 2011() ------------------------------------- (CRIME NO.265/2008 OF THOPPUMPADY POLICE STATION,ERNAKULAM) .... PETITIONER(S): ACCUSED: ----------------------------------------- STANLEY @ JACOB,S/O.XAVIER,AGED 50 YEARS, KANNAMKARI VEEDU,RAMESWARAM VILLAGE, KARUVELIPPADY DESOM,KOCHI. BY ADV. SRI.S.RAJEEV RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- 1. STATE OF KERALA,REP.BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM(CRIME NO. 265/2008 OF THOPPUMPADY POLICE STATION, ERNAKULAM). 2. MARY LINI,D/O.GEORGE, KALLUVEEDU, VATTAMAKKAN PARAMB,MOOLAMKUZHI KARA, RAMESWARAM VILLAGE, KOCHI-5. *ADDL.R3 & R4 IMPLEADED: R3. GEORGE, S/O.XAVIER, AGED 65 YEARS, KALLUVEEDU, VATTAMAKKAN PARAMBU, MOOLAMKUZHI KARA, RAMESWARAM VILLAGE, KOCHI - 33. R4. MARY, W/O.GEORGE,58 YEARS, KALLUVEEDU, VATTAMAKKAN PARAMBU, MOOAMKUZHI KARA, RAMESWARAM VILLAGE, KOCHI - 33. (*ADDL.R3 & R4 ARE IMPLEADED AS PER ORDER DTD. 15/03/2011 IN CRL.M.P.NO.1604/2011) R1 BY PUBLIC PROSECUTOR SRI.K.J.MOHAMMED ANZAR R2 BY ADV. SRI.VINOD KUMAR.C. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.523 of 2011 --------------------------------------- Dated this 15th day of March, 2011 ORDER Petitioner is accused in Crime No.265 of 2008 of Thoppumpady Police Station and C.C.No.673 of 2008 of the Court of learned Judicial First Class Magistrate-II, Kochi for offences punishable under Secs.341, 323, 294(b) and 498A of the Indian Penal Code. Petitioner seeks to quash proceeding against him on the strength of a settlement reached with the second respondent, his wife at whose instance case was registered. 2. Second respondent appeared through counsel. She has sworn an affidavit which is attested by a Notary Public. In the affidavit she has stated that the dispute is settled with petitioner and she has no objection in quashing the proceeding. Learned Public Prosecutor after taking instruction has confirmed the settlement. Since the dispute is purely personal to and between petitioner and second respondent and that dispute is settled, continuance of the proceeding is not necessary. Hence I am inclined to allow the petition. Resultantly this criminal miscellaneous case is allowed. Final report in Crime No.265 of 2008 of Thoppumpady Police Crl.M.C.No.523 of 2011 -: 2 :- Station, cognizance taken thereon and proceeding against petitioner in C.C.No.673 of 2008 of the Court of learned Judicial First Class Magistrate-II, Kochi are quashed. (THOMAS P JOSEPH, JUDGE) Sbna/- /True Copy/ P.A to Judge