IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 23RD DECEMBER 2011 / 2ND POUSHA 1933 Crl.MC.No. 4389 of 2011() ------------------------- CC.334/2009 of JUDICIAL MAGISTRATE OF FIRST CLASS-II,MAVELIKKARA .................... (CRIME NO.1388/2010 OF OACHIRA POLICE STATION) ..... PETITIONER(S): IST ACCUSED: ------------------------------------------------ JALAJA, AGED 44 YEARS, D/O.OMANA, ASSARISSERIL, NJAKKANAL MURI, OACHIRA VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.VINCENT JOSEPH RESPONDENT(S): COMPLAINANT,2ND ACCUSED AND STATE: -------------------------------------------------------------------------------------------- 1. MONY, AGED 53 YEARS, S/O.NARAYANAN, MONI HOUSE, VEDARAPLAVU P.O., THAMARAKULAM, MAVELIKKARA-690 530. 2. DR.AJITH, RMO, PARABRAHMAM HOSPITAL, OACHIRA, AGED 52 YEARS, RESIDING AT AYILLA, CHERAVALLY, KAYAMKULAM P.O., ALAPPUZHA DISTRICT-690 502. 3. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. R1 BY ADVS. SRI.R.PADMALAYAN, SRI.P.ARAVIND. R3 BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss CRMC.NO.4389/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A1- CERTIFIED COPY OF THE FIR NO.1388/2010 OF OACHIRA POLICE STATION DATED 17.12.2010. ANNEXURE A2- COPY OF THE CMP NO.4038/2010 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, MAVELIKKARA DATED 9.12.2010. ANNEXURE A3- COPY OF JUDGMENT IN CC NO.334/2009 DATED 31.12.2010 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, MAVELIKKARA. ANNEXURE A4- COPY OF MEDIATION REPORT OF MAVELIKKARA TALUK LEGAL SERVICE AUTHORITY IN MR NO.11/2011, 117/2011 DATED 14.11.2011. RESPONDENTS ANNEUXRES: N I L /TRUE COPY/ P.A.TO JUDGE Kss N.K. BALAKRISHNAN,J. ------------------------------------ Crl.M.C.No. 4389 of 2011 ------------------------------------------ Dated this the 23rd day of December, 2011 ORDER Petitioner is the first accused who was the de facto complainant in a case filed under Section 498A IPC. A wound certificate was stated to have been filed by the petitioner before court. It was alleged that the said wound certificate was fabricated. Hence crime was registered against her alleging offences under Section 467 and 471 IPC. The first respondent was the husband, against whom the wound certificate was intended to be used by the petitioner. R1, the former husband is represented in this court by his counsel. It it submitted by both sides that the entire matrimonial dispute has been settled and so unless the proceedings against the petitioner is also dropped, it will affect the settlement already arrived at. It is submitted by the learned counsel that in fact there was no fabrication or forgery in the wound certificate. There are only some Crl.M.C.No. 4389 of 2011 -: 2 :- corrections. In view of the settlement and in fact that the prosecution against the petitioner may affect the settlement in the matrimonial matter already arrived at, this petition is allowed. Further proceeding in Crime No.1388/2010 of Oachira Police Station is quashed. N.K. BALAKRISHNAN, JUDGE. smvd