IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 23RD MARCH 2011 / 2ND CHAITHRA 1933 Crl.MC.No. 923 of 2011() ----------------------------- IN LP 1/09 IN CC.62/2010 of JUDICIAL MAGISTRATE OF FIRST CLASS COURT-II(FOREST OFFENCES), MANJERI, CRIME NO.188/07 OF VAZHAKKAD POLICE STATION. ....... PETITIONER(S): ACCUSED NO.1 -------------------------------------- M.JAMAL FAOUSI,S/O.UMMER,MUSLIYARAKARTH HOUSE,TIRURKAD AMSOM,DESOM,NELLIKAPARAMBA, THONIKKARA,PERINTHALMANNA TALUK,MALAPPURAM DISTRICT. BY ADVS. SRI.BABU S. NAIR SRI.K.RAKESH RESPONDENT(S): STATE & DEFACTO COMPLAINANT ------------------------------------------------------------ 1. THE STATE OF KERALA,REP.BY THE SUB INSPECTOR OF POLICE,VAZHAKKAD POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM,KOCHI 682 031. 2. SAFIYA.A.M, D/O.ARANGATH METHAN MUHAMMED,ARANGATH METHAN HOUSE,MANNAMPARAMBATH, VAZHAYIL,KARUMARAKKAD AMSOM, DESOM,AKKOD PO, ERNAD TALUK,MALAPPURAM DISTRICT,PIN 676 121. R1 BY PUBLIC PROSECUTOR SRI.K.J. MOHAMMED ANZAR R2 BY ADV. SMT.M.T.SHEEBA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.923 of 2011 ==================================== Dated this the 23rd day of March, 2011 O R D E R Petitioner is the accused in Crime No.188 of 2007 of Vazhakkad Police Station and L.P. No.1 of 2009 of the court of learned Judicial First Class Magistrate-II (Forest Offences), Manjeri for offences punishable under Sections 323, 406 and 498A read with Section 34 of the Indian Penal Code. That case arose on a complaint preferred by the second respondent (one of the wives of petitioner). Second respondent, the first wife of petitioner faced trial in C.C.No.62 of 2010 and was acquitted as per Annexure-A, judgment dated January 29, 2011. Case against petitioner was included in the L.P. Register as No.1 of 2009. ln the meantime petitioner and second respondent settled the dispute between them. Annexure-C is the affidavit sworn by the second respondent before a Notary Public. 2. I have heard learned counsel and the learned Public Prosecutor. Learned counsel for second respondent confirmed the settlement and authenticity of Annexure-C, affidavit. Since the dispute is personal to and between petitioner and second CRL.M.C. No.923 of 2011 -: 2 :- respondent and that dispute is settled it is not necessary to continue the proceeding. Hence I am inclined to allow the petition. Resultantly, Criminal Miscellaneous Case is allowed. Final report in Crime No.188 of 2007 of Vazhakkad police station, cognizance taken thereon and all proceeding in L.P. No.1 of 2009 of the court of learned Judicial First Class Magistrate-II (Forest Offences), Manjeri against petitioner are quashed. THOMAS P. JOSEPH, JUDGE. vsv