IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 23RD JUNE 2011 / 2ND ASHADHA 1933 Crl.MC.No. 1891 of 2011() ------------------------------------- CC.1486/2011 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, ERNAKULAM .................... PETITIONER/ACCUSED ---------------------------------- GEORGE JOHNSON, S/O.M.V. JOHNSON, H.NO.44/900, L.F.C. ROAD, KALOOR, KOCHI. BY ADV. SRI.SAIBY JOSE KIDANGOOR, SRI.BENNY ANTONY PAREL. RESPONDENT/STATE& COMPLAINANT --------------------------------------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. ASWATHI. P., W/O.VIPINDAS T.V., THOPPIL HOUSE, VYMELIL ROAD, S. CHITTOR, NOW RESIDING AT 'SREE SANKARA', OPP: POOTHOLE TEMPLE, THRISSUR. R1 BY PUBLIC PROSECUTOR MR.JAYASURYA. R2 BY ADV. SRI.JAI GEORGE. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs Crl.MC.No. 1891 of 2011() APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A: COPY OF THE FIR IN CRIME NO.853/2011 OF THE CENTRAL POLICE STATION, ERNAKULAM DATED 11/03/2011. ANNEXURE B: COPY OF THE FINAL REPORT NO.1486/2011 FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, ERNAKULAM DATED 26/03/2011. ANNEXURE C: COPY OF THE AFFIDAVIT OF THE 2ND RESPONDENT DATED 22/06/2011. RESPONDENTS ANNEXURES: NIL //TRUE COPY// P.A. TO JUDGE rs THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.1891 of 2011 --------------------------------------- Dated this 23rd day of June, 2011 ORDER Petitioner is accused in Crime No.853 of 2011 of Ernakulam Central Police Station and C.C.no.1486 of 2011 of the Court of learned Judicial First Class Magistrate-II, Ernakulam for offence punishable under Sec.354 of the Indian Penal Code. Case was registered on a complaint of the second respondent that petitioner, her employer summoned her to his office on 10.03.2011 and outraged her modesty. Petitioner says that no such incident occurred and that he was falsely implicated. It is submitted that parties have settled the dispute and accordingly petitioner seeks to quash proceeding. 2. Learned counsel on both sides confirmed genuineness and authenticity of Annexure-C, affidavit of the second respondent where it is stated that the dispute is settled and that she does not intend to proceed in the matter further. Learned Public Prosecutor has submitted that parties have settled the dispute. In view of the settlement proceeding with the case is of no use. Hence I am inclined to allow the petition. Crl.M.C.No.1891 of 2011 -: 2 :- Resultantly this criminal miscellaneous case is allowed. Proceeding against petitioner in C.C.No.1486 of 2011 (Crime No.853 of 2011 of Ernakulam Central Police Station) of the Court of learned Judicial First Class Magistrate-II, Ernakulam is quashed. (THOMAS P JOSEPH, JUDGE) Sbna/-