IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 22ND JUNE 2011 / 1ST ASHADHA 1933 Crl.MC.No. 1868 of 2011() ------------------------------------- CC.66/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, PALAKKAD CRIME NO.12/2010 OF KASABA POLICE STATION, PALAKKAD. .................... PETITIONER/ACCUSED --------------------------------- RADHAKRISHNAN, AGED 32 YEARS, S/O.LATE PARAMESWARAN NAIR, KRIPAPUTHEN VEETTIL HOUSE, KARUKAPUTHUR, THIRUMITTAKKODE VILLAGE, OTTAPALAM TALUK. BY ADV. SRI.P.K.MOHANAN (PALAKKAD). RESPONDENTS/DEFACTO COMPLAINANT AND STATE --------------------------------------------------------------------------------- 1. RAJANI, AGED 27 YEARS, D/O.RAJAPAN NAIR, RAJ BHAVAN, KANJIKKODE (WEST)(PO), PALAKKAD, PIN - 678 623. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HON'BLE HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031. R1 BY ADV. MR.K.C. KIRAN. R2 BY PUBLIC PROSECUTOR MR.V. MANU. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs Crl.MC.No. 1868 of 2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE 1: COPY OF THE FIR INCLUDING THE COPY OF THE PRIVATE COMPLAINT. ANNEXURE 2: COPY OF THE FINAL CHARGE SHEET IN CRIME NO.12/2010 OF KASBA POLICE STATION, PALAKKAD. ANNEXURE 3: COPY OF THE AFFIDAVIT SWORN BY THE FIRST RESPONDENT. RESPONDENTS ANNEXURES: NIL //TRUE COPY// P.A. TO JUDGE rs THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.1868 of 2011 -------------------------------------- Dated this the 22nd day of June, 2011. ORDER Petitioner is accused in Crime No.12 of 2010 of Kasba Police Station and C.C.No.66 of 2010 of the court of learned Judicial First Class Magistrate-I, Palakkad for offence punishable under Section 498A of the Indian Penal Code. The case was registered on a complaint preferred by the first respondent. Petitioner requests to quash proceeding against him on the strength of a settlement reached with first respondent. I have heard learned counsel for petitioner, first respondent and the learned Public Prosecutor. 2. Learned counsel on both sides confirmed the settlement. Learned counsel for first respondent has confirmed genuineness and authenticity of Annexure-3, affidavit sworn by the first respondent. It is seen from Annexure-3 that parties have settled the dispute and accordingly they have filed O.P.No.356 of 2011 before Family Court, Palakkad for divorce under Section 13B of the Hindu Marriage Act. 3. Since the dispute is personal to and between petitioner and first respondent and that the same is settled between them, I am inclined to allow the request. Resultantly this Criminal Miscellaneous Case is allowed. Final report in Crl.MC No.1868 of 2011 2 Crime No.12 of 2010 of Kasba Police Station, cognizance taken thereon and proceeding against petitioners in C.C.No.66 of 2010 of the court of learned Judicial First Class Magistrate-I, Palakkad are quashed. THOMAS P.JOSEPH, Judge. cks