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. 356 of 2011() ------------------------ CC.98/2006 of JUDICIAL FIRST CLASS MAGISTRATE COURT, ADOOR CRIME NO.857/2005 OF ADOOR POLICESTATION .................... PETITIONER(S): ACCUSED ---------------------- SURESH NAIR, S/O.GOPALAN NAIR, VISHNU NIVAS, (THULASI NIVAS), MANNADITHAZHATHU, KADAMBANADU VILLAGE. BY ADV. SRI.P.SREEKUMAR SRI.K.S.MANU (PUNUKKONNOOR) RESPONDENT(S): COMPLAINANT -------------------------- 1. BINU RANI, D/O.PANKAJAKSHI, ANANDA BHAVAN, PUTHUSSERI BHAGAM, ERATHU VILLAGE, ADOOR TALUK-687530. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.SADER E.REAZ FOR R1 PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA FOR R2 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.356 of 2011 -------------------------------------- Dated this the 8th day of February, 2011. ORDER Petitioner is accused in Crime No.857 of 2005 of Adoor Police Station and C.C.No.98 of 2006 of the court of learned Judicial First Class Magistrate, Adoor for offence punishable under Section 498A of the Indian Penal Code. That case was registered on the complaint of respondent No.1 alleging that petitioner subjected her to cruelty demanding more ornaments and money. The Police after investigation submitted final report, Annexure-A2. Petitioner seeks to quash proceedings against him on the strength of a settlement reached with respondent No.1. 2. I have heard learned counsel for petitioner, respondent No.1 and the learned Public Prosecutor. It is seen from the affidavit sworn by respondent No.1 who has appeared through counsel that the dispute is settled with the petitioner. Learned counsel for respondent No.1 has confirmed the settlement. As per the settlement petitioner and respondent No.1 have decided to separate. Since parties have settled the dispute and there is no possibility of a successful culmination of the prosecution I am inclined to allow this petition. Crl.MC No.356/2011 2 Resultantly this petition is allowed. Annexure-A2, final report in Crime No.857 of 2005 of Adoor Police Station, cognizance taken thereon and proceeding in C.C.No.98 of 2006 of the court of learned Judicial First Class Magistrate, Adoor against petitioner are quashed. THOMAS P.JOSEPH, Judge. cks