IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 4TH OCTOBER 2011 / 12TH ASWINA 1933 Crl.MC.No. 3410 of 2011 --------------------------------- [CRIME NO.238/2010 OF VIDYANAGAR POLICE STATION, KASARGOD] .................... PETITIONERS/ACCUSED NO.1 & DEFACTO COMPLAINANT: ------------------------------------------------------------------------------------- 1. MUHAMMED KUNHI,AGED 30 YEARS, S/O.BADUVAN KUNHI, CHERIYA ALAMPADY, P.O.ALAMPADY, VIDYANAGAR, KASARGOD. 2. SALEENA, AGED 23 YEARS, W/O.MUHAMMED KUNHI, PADUVADKA, VIDYANAGAR, NOW AT CHERIYA ALAMPADY, P.O.ALAMPADY, VIDYANAGAR, KASARGOD. BY ADV. SRI.S.JIJI. RESPONDENT/STATE: -------------------------------- STATE OF KERALA, REPRESENTING SUB INSPECTOR OF POLICE, VIDYANAGAR POLICE STATION,KASARAGOD,THROUGH THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. B. JAYA SURYA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.M.C. NO.3410/2011: APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE A1: COPY OF THE PRIVATE COMPLAINT FILED BY THE P.2. BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KASARGOD. ANNEXURE A2: COPY OF THE FIR NO.238/2010 IN CRIME NO.238/2010 OF VIDYANAGAR POLICE STATION, KASARGOD. ANNEXURE A3: COPY OF THE REPORT DTD. 05/12/2010 FILED BY THE POLICE BEFORE THE LEARNED MAGISTRATE. ANNEXURE A4: AFFIDAVIT DTD. 02/09/2011 SWORN BY THE P.2. RESPONDENT'S ANNEXURE:- //TRUE COPY// P.A. TO JUDGE Prv. N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3410 of 2011 ----------------------------------- Dated this the 4th day of October 2011 O R D E R This petition is filed by the de facto complainant and the first accused who are wife and husband to quash further proceeding in Crime No.238/2010 of Vidyanagar Police Station, Kasaragod District. The crime was registered against the two accused (the husband and his mother) alleging offences under Secs.498A, 323 and 313 r/w Sec.34 IPC. Subsequently the name of 2nd accused was deleted from the party array. Sec.313 IPC was also deleted by the Investigating Officer. The learned counsel for the parties submits that they are residing together as husband and wife and so unless the prosecution is quashed, it will affect their matrimonial life. Since the dispute is purely personal in nature and as the parties have settled the matter, this Crl.M.C. is Crl.M.C. No.3410 of 2011 -: 2 :- allowed. Further proceeding in Crime No.238/2010 of Vidyanagar Police Station, Kasargod District is quashed. N.K.BALAKRISHNAN, JUDGE. Jvt