IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 17TH JUNE 2011 / 27TH JYAISHTA 1933 Crl.MC.No. 1617 of 2011() ---------------------- CRIME NO. 526/2010 OF MUKKOM POLICE STATION .................... PETITIONER / ACCUSED : ------------------------------------- 1. SHIMJI.N.P, AGED 35 YEARS, S/O.GOVINDANKUTTY NAIR, NELLIKKAPARAMBIL HOUSE, THAZHEKODE AMSOM, DESOM, MANASSERY PO, MUKKOM, KOZHIKODE 673 602. 2. GOVINDANKUTTY NAIR, AGED 58 YEARS, NELLIKKAPARAMBIL HOUSE, THAZHEKODE AMSOM, DESOM, MANASSERY PO, MUKKOM, KOZHIKODE 673 602. 3. VIMALA, AGED 50 YEARS, W/O.GOVINDANKUTTY NAIR, NELLIKKAPARAMBIL HOUSE, THAZHEKODE AMSOM, DESOM, MANASSERY PO, MUKKOM, KOZHIKODE 673 602. 4. SMITHA, AGED 37 YEARS, W/O.MURALI MOHAN, NELLIKKAPARAMBIL HOUSE, THAZHEKODE AMSOM, DESOM, MANASSERY PO, MUKKOM, KOZHIKODE 673 602. 5. MURALI MOHAN, MANGANAM PATTA, VELLILASSERY PO, MAVOOR, KOZHIKODE. BY ADVS. SRI.V.G.ARUN SRI. T.R. HARIKUMAR RESPONDENTS / COMPLAINANT : ------------------------------------------------- 1. REMYA K.V., AGED 28 YEARS, D/O. LATE RAMANKUTTY NAIR, “MITHILA” MANANGAT HOUSE, IRUVALLOOR P.O., NARIKKUNI, KOZHIKODE – 673 616 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-31. R1 BY ADV. SRI.ALEX.M.SCARIA R2 BY PUBLIC PROSECUTOR SRI. JAYASURYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/- Crl.MC.No. 1617 of 2011() APPENDIX PETITIONER'S ANNEXURE'S ANNEXURE - I : COPY OF THE COMPLAINT FILED BY THE FIRST RESPONDENT DATED 13-12-2010. ANNEXURE - II : COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 526 OF 2010 DATED 14-12-2010. ANNEXURE - III : COPY OF THE COMPROMISE ENTERED INTO BETWEEN THE FIRST PETITIONER AND THE FIRST RESPONDENT. RESPONDENT'S ANNEXURE'S - NIL //TRUE COPY// P.A. TO JUDGE Mn THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.1617 of 2011 --------------------------------------- Dated this 17th day of June, 2011 ORDER Petitioners are accused in Crime No.526 of 2010 of Mukkom Police Station for offences punishable under Secs.498A, 406 and 317 r/w Sec.34 of the Indian Penal Code (for short, "the IPC”). That case was registered on a complaint preferred by the first respondent before learned Judicial First Class Magistrate-II, Thamarassery and forwarded to the Mukkom police for investigation. Annexure-II is the FIR in Crime No.526 of 2010. Petitioners say that they have settled the dispute with the first respondent and accordingly request to quash the proceeding. Learned counsel submitted that first petitioner and first respondent have no children and hence question of attracting Sec.317 of the IPC does not arise. I have heard learned counsel on both sides and the learned Public Prosecutor. 2. Having regard to the nature of the case, may be, Sec.317 of the IPC has no application. The first petitioner filed O.P.1115 of 2010 for divorce on the ground of cruelty and desertion etc. First respondent filed O.P.No.108 of 2011 against petitioners 1 to 3 for recovery of money on the allegation of Crl.M.C.No.1617 of 2011 -: 2 :- misappropriation of her ornaments. Later, the parties settled the dispute and accordingly first petitioner and first respondent were given an order of divorce under sec.13B of the Hindu Marriage Act as per a joint petition filed in O.P.No.1115 of 2010. The dispute relating to the criminal case has also been settled. First respondent has filed an affidavit stating that she has settled the dispute with the first petitioner. Learned counsel on both sides confirmed the settlement. Learned counsel for first respondent confirmed authenticity and genuineness of the affidavit of the first respondent. It is revealed that parties have settled the dispute. Hence I am inclined to allow the petition. Resultantly this criminal miscellaneous case is allowed. Proceeding pursuant to Annexure-II, FIR in Crime No.526 of 2010 of Mukkom Police Station against petitioners are quashed. (THOMAS P JOSEPH, JUDGE) Sbna/-