IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 3RD FEBRUARY 2011 / 14TH MAGHA 1932 Crl.MC.No. 154 of 2011() ------------------------ CC.403/2005 of JUDICIAL FIRST CLASS MAGISTRATE COURT-II, ERNAKULAM CRIME NO.179/2004 OF ERNAKULAM TOWN NORTH POLICESTATION .................... PETITIONER(S): ACCUSED ---------------------- DEVADAS, ADIMAPARAMB VEETTIL, SHANMUGHAPURAM COLONY, PACHALAM-682023, CHERANELLOOR VILLAGE. BY ADV. SRI.V.C.MADHAVANKUTTY RESPONDENT(S): STATE & DEFACTO COMPLAINANT ------------------------------------------ 1. THE STATE OF KERALA,REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING SUB INSPECTOR OF POLICE, ERNAKULAM TOWN NORTH POLICE STATION, ERNAKULAM NORTH, KOCHI-682018. 2. SHAJITHA, W/O.DEVADAS, ADIMAPARAMB VEETTIL, SHANMUGHAPURAM COLONY, PACHALAM-682023, CHERANELLOOR VILLAGE. ADV. SMT.M.SINDHU THANKAM FOR R2 PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA FOR R1 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.154 of 2011 -------------------------------------- Dated this the 3rd day of February, 2011. ORDER This petition is filed by the accused in Crime No.179 of 2004 of Ernakulam Town North Police Station and C.C.No.403 of 2005 of the court of learned Judicial First Class Magistrate-II, Ernakulam for offence punishable under Section 498A of the Indian Penal Code. That was a case registered on a complaint preferred by respondent No.2, wife of the petitioner. Petitioner seek to quash proceedings against him on the strength of a settlement reached between him and respondent No.2, the defacto complainant. 2. I have heard learned counsel for petitioner, respondent No.2 and the learned Public Prosecutor. 3. As per the settlement between petitioner and respondent No.2, husband and wife, they have decided to live together as before. This is disclosed in the affidavit sworn by respondent No.2. Since the dispute between the parties is amicably settled, petitioner and respondent No.2 are living together as husband and wife and in view of settlement between the parties it is not necessary to proceed with the prosecution and there is no possibility of successful culmination of the prosecution, I am inclined to allow this petition. Crl.MC No.154/2011 2 Resultantly this petition is allowed. Final report in Crime No.179 of 2004 of Ernakulam Town North Police Station, cognizance taken thereon and all proceedings in C.C.No.403 of 2005 of the court of learned Judicial First Class Magistrate-II, Ernakulam against petitioner will stand quashed. THOMAS P.JOSEPH, Judge. cks