IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 7TH FEBRUARY 2011 / 18TH MAGHA 1932 Crl.MC.No. 276 of 2011() ---------------------------------- LP.56/2010 of JUDL. MAGISTRATE OF FIRST CLASS, MALAPPURAM CRIME NO.153/2002 OF VENGARA POLICE STATION, MALAPPURAM DISTRICT .................... PETITIONER(S): 4TH ACCUSED --------------------------------------------- ABDURAHIMAN, S/O.HUSSAIN, PUTHANPEEDIYAKKAL HOUSE, NELLIPARAMBU, OORAKAM KIZHMURI, MALAPPURAM DISTRICT. BY ADV. SRI.P.VENUGOPAL (1086/92) RESPONDENT(S): STATE & DEFACTO-COMPLAINANT ------------------------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. [REPRESENTING SUB INSPECTOR OF POLICE, VENGARA, MALAPPURAM DISTRICT] 2. ANEESA.P.K., D/O.KUNHIMUHAMMED, PANDIKADAVATH HOUSE, OORAKAM MELMURI.P.O., KARATHODU, MALAPPURAM DISTRICT.676 515 R1 BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA R2 BY ADV. SRI.M.REVIKRISHNAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.276 of 2011 --------------------------------------- Dated this 07th day of February, 2011 ORDER Petitioner is the 4th accused in Crime No.153 of 2002 of Vengara Police Station and L.P.No.56 of 2010 of the court of learned Judicial First Class Magistrate, Malappuram. He is charged for offence punishable under Sec.498A r/w Sec.34 of the Penal Code on a private complaint filed by the second respondent which was forwarded to the police for investigation under Sec.156(3) of the Code of Criminal Procedure (for short, "the Code”). The police after investigation submitted final report (Annexure-B) under Sec.173(2) of the Code. Learned Magistrate took the case on file as C.C.No.763 of 2002. Since petitioner was not available, trial against accused Nos.1 to 3 and 5 proceeded and they are acquitted as per Annexure-C, judgment. It is stated that since petitioner was abroad he could not take part in the trial. Annexure-D is the agreement executed between first accused and second respondent, former husband and wife. As per that agreement, it is said, the marriage between them was to be dissolved. Second respondent has sworn Annexure-E, affidavit in this proceeding stating that the matter is settled between Crl.M.C.No.276 of 2011 -: 2 :- herself and petitioner and that she does not want to proceed with the matter further. Learned counsel for respondent No.2 and learned Public Prosecutor after getting instruction have confirmed the fact of settlement. Since the matter is settled between the parties, offence committed is purely personal to and between petitioners and respondent No.1 and there is no possibility of a successful completion for prosecution I am inclined to allow the petition. Resultantly this criminal miscellaneous case is allowed. Annexure-B, final report in Crime No.153 of 2002 of Vengara Police Station, cognizance taken thereon and all further proceedings in L.P.No.56 of 2010 of the court of learned Judicial First Class Magistrate, Malappuram against petitioner will stand quashed. (THOMAS P JOSEPH, JUDGE) Sbna/-