IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 4TH MARCH 2011 / 13TH PHALGUNA 1932 Crl.MC.No. 649 of 2011() --------------------------------- C.C. NO.134/2009 OF THE CHIEF JUDICIAL MAGISTRATE COURT, MANJERI. CRIME NO.96/2009 OF THE MANJERI POLICE STATION. ........... PETITIONER(S): ACCUSED -------------------------------------- MUHAMMED NAJEEB, KOORIMANNIL VALIYAMANNIL HOUSE, PULIYILANGADI, ANAKKAYAM, MANJERI, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): STATE & DEFACTO COMPLAINANT ----------------------------------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, MANJERI POLICE STATION - THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 31. 2. BABY SHAHINA, D/O.P.K.KUNHALIKUTTY @ KUNHIPPU, PANDIKKADAVATH HOUSE, PANAKKAD, KARATHODU, MALAPPURAM DISTRICT, PIN - 676 505. R1 BY PUBLIC PROSECUTOR SRI.K.J.MOHAMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.649 of 2011 --------------------------------------- Dated this 04th day of March, 2011 ORDER Petitioner is the sole accused in Crime No.96 of 2009 of Manjeri Police Station and C.C.No.134 of 2009 of the Court of learned Judicial First Class Magistrate, Manjeri for offence punishable under Sec. 498A r/w Sec.34 of the Penal Code. That case was registered on the complaint of second respondent who is the wife of first petitioner. Petitioner seeks to quash proceeding against him on the strength of a settlement reached with the second respondent. I have heard learned counsel for petitioner, second respondent and the learned Public Prosecutor. Learned counsel for second respondent has confirmed settlement and authenticity of Annexure-B, affidavit sworn by the second respondent. 2. It is revealed that pursuant to the compromise petitioner and second respondent are living together as husband and wife. Annexure-B, affidavit is sworn before a Notary Public where it is stated that the dispute between petitioner and second respondent is settled . In the circumstances I am inclined to allow the petition. Crl.M.C.No.649 of 2011 -: 2 :- Resultantly this criminal miscellaneous case is allowed. Final report in Crime No.96 of 2009 of Manjeri Police Station, cognizance taken thereon and proceeding against petitioner in C.C.No.134 of 2009 of the Court of learned Judicial First Class Magistrate, Manjeri are quashed. (THOMAS P JOSEPH, JUDGE) Sbna/-