IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 24TH MAY 2011 / 3RD JYAISHTA 1933 Crl.MC.No. 1467 of 2011 --------------------------------- [LP.NO.12/2011 OF JUDICIAL MAGISTRATE OF FIRST CLASS COURT-I, PONNANI] .................... PETITIONER/ACCUSED: ---------------------------------- UNNIKRISHNAN .E, S/O.MEENAKSHI AMMA, ERUMADATHIL HOUSE, NADAPARAMBU, CHERUKUDANGADU, PARUTHOOR PANCHAYATH, OTTAPALAM,PALAKKAD DISTRICT. BY ADV. SRI.K.B.ARUNKUMAR. RESPONDENTS/STATE AND DEFACTO COMPLAINANT: ------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, CHANGARAMKULAM POLICE STATION, PONNANI, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKUALM , PIN – 682 018. 2. NISHA,D/O.GOPALAKRISHNAN, SUKAPURAM VEETIL HOUSE, CHANTHAKUNNU, THEVALASSERI, SHUKAPURAM P.O., EDAPPAL, MALAPPURAM DISTRICT. R1 BY PUBLIC PROSECUTOR SRI. MANU, R2 BY ADV. SRI.RANJIT BABU. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.1467 of 2011 -------------------------------------- Dated this the 24th day of May, 2011. ORDER Petitioner is accused in Crime No.291 of 2007 of Changaramkulam Police Station and L.P.No.12 of 2011 of the court of learned Judicial First Class Magistrate, Ponnani for offence punishable under Section 498A of the Indian Penal Code. That case was registered on a complaint preferred by the second respondent, wife of petitioner. Annexure-2 is the final report. Learned Magistrate took cognizance and filed C.C.No.64 of 2008. Since petitioner was not available the case was included in the Long Pending Register and numbered as L.P.No.12 of 2011. Petitioner seeks to quash proceedings against him on the strength of a settlement reached with the second respondent. I have heard learned counsel for petitioner, second respondent and the learned Public Prosecutor. 2. Learned counsel for petitioner and second respondent have confirmed the settlement. Learned counsel for second respondent has also confirmed authenticity and genuineness of the affidavit sworn by the second respondent. The affidavit states that the parties have settled the dispute. Learned counsel submitted that parties are now living together. In the above Crl.MC No.1467/2011 2 circumstances it is not necessary to continue the proceeding. Resultantly Criminal Miscellaneous Case is allowed. Final report in Crime No.291 of 2007 of Changaramkulam Police Station, cognizance taken thereon and proceeding against petitioner in C.C.No.64 of 2008 and L.P.No.12 of 2011 of the court of learned Judicial First Class Magistrate, Ponnani are quashed. THOMAS P.JOSEPH, Judge. cks