IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 7TH APRIL 2011 / 17TH CHAITHRA 1933 Crl.MC.No. 1081 of 2011() ------------------------------------- CC.652/2009 of JUDL. MAGISTRATE OF FIRST CLASS, KASARAGOD .................... PETITIONER(S): ACCUSED: -------------------------------------- ALI KUNHI, AGED 36 YEARS, S/O.MUHAMMED, RESIDING AT PUTHRUKALA, ENMAGAGE VILLAGE, PERLA P.O., KASARGODE TALUK AND DISTRICT. BY ADV. SRI.JAWAHAR JOSE RESPONDENT(S): DEFACT-COMPLAINANT & STATE: --------------------------------------------------------------------------- 1. AFSA, AGED 31 YEARS, W/O.ALI KUNHI, NOW RESIDING AT PUTHRUKALA, ENMAGAGE VILLAGE, PERLA P.O., KASARGODE TALUK AND DISTRICT-671 522. 2. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. R1 BY ADV. SMT.CISSY MATHEWS R2 BY PUBLIC PROSECUTOR SRI.JAIBY PAUL THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.1081 of 2011 --------------------------------------- Dated this 07th day of April, 2011 ORDER Petitioner is accused in Crime No.123 of 2009 of Badiadukka Police Station and C.C.No.652 of 2009 of the Court of learned Judicial First Class Magistrate, Kasaragod for offence punishable under Secs. 498A of the Indian Penal Code. That case was registered on the complaint of the first respondent. Petitioner, husband request to quash proceeding against him on the strength of a settlement reached with the second respondent. I have heard learned counsel for petitioner and the learned Public Prosecutor. 2. Learned counsel confirmed authenticity of the agreement executed between petitioner and first respondent a photocopy of which is Annexure-B and Annexure-C, affidavit of the first respondent. The joint petition is signed by the parties and their counsel. It is revealed from Annexure-B, C and the joint petition that parties have settled the dispute and accordingly first respondent is living with petitioner as his wife. In the circumstances continuance of proceeding is not required. Crl.M.C.No.1081 of 2011 -: 2 :- Resultantly this criminal miscellaneous case is allowed. Final report in Crime No.123 of 2009 of Badiadukka Police Station and proceeding taken pursuant thereto against petitioner/accused in C.C.No.652 of 2009 of the Court of learned Judicial First Class Magistrate, Kasaragod are quashed. (THOMAS P JOSEPH, JUDGE) Sbna/-