IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 9TH JUNE 2011 / 19TH JYAISHTA 1933 Crl.MC.No. 1702 of 2011() ------------------------- (CRIME NO.1710/2009 OF ALUVA POLICE STATION) .................... PETITIONER(S): ACCUSED 1 AND 2: ------------------------------------------------------ 1. V.K. UNNIKRISHNAN, S/O. KUNJIKRISHNA PILLAI, AGED 44 YEARS, VAZHAPARAMBIL HOUSE, KARUMALOOR VILLAGE, PARAVOOR TALUK, ERNAKULAM DISTRICT. 2. BHAVANI AMMA, W/O. KUNJIKRISHNA PILLAI, AGED 80 YEARS, VAZHAPARAMBIL HOUSE, KARUMALLOOR VILLAGE, PARAVOOR TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.VINU CHAND RESPONDENT(S): COMPLAINANT AND STATE: ---------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, ALUVA POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. VIDYA VASUDEV, AGED 35 YEARS, D/O.C.K. VASUDEVA PILLAI, AMBALLOOR VILLAGE, MUKUNDAPURAM TALUK, THRISSUR - 691 585. R1 BY PUBLIC PROSECUTOR SRI. MANU R2 BY ADV. SMT.SAHNA M.SAMBAJI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.1702 of 2011 -------------------------------------- Dated this the 9th day of June, 2011. ORDER Petitioner are accused 1 and 2 in Crime No.1710 of 2009 of Aluva Police Station Police Station for offences punishable under Section 498A read with Section 34 of the Indian Penal Code. Case was registered on the complaint of second respondent, wife of first petitioner. The Police submitted final report in the court of learned Judicial First Class Magistrate-I, Aluva. Petitioners settled the case with second respondent and accordingly request to quash proceeding. I have heard learned counsel for petitioners, second respondent and the learned Public Prosecutor. 2. Learned counsel for petitioners and second respondent have confirmed the settlement. Learned counsel for second respondent has confirmed authenticity and genuineness of Annexure-3, affidavit sworn by the second respondent. In that affidavit it is stated that the dispute is settled between herself and the first petitioner. It is also stated that pursuant to the settlement parties have filed a petition before Family Court, Ernakulam for divorce under Section 13B of the Hindu Marriage Act. 3. Since the dispute is purely personal to and between petitioners and second respondent and that the dispute is settled, I am inclined to allow the request. Crl.MC No.1702/2011 2 Resultantly Criminal Miscellaneous Case is allowed. Final report in Crime No.1710 of 2009 of Aluva Police Station and proceeding if any taken by learned Judicial First Class Magistrate-I, Aluva on the said final report against petitioners/accused 1 and 2 are quashed. THOMAS P.JOSEPH, Judge. cks