IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 21ST FEBRUARY 2011 / 2ND PHALGUNA 1932 Crl.MC.No. 414 of 2011() ------------------------ CRIME NO.353/2010 OF KOODAL POLICESTATION PETITIONER(S): ACCUSED ---------------------- JOSE VARGHESE, AGED 45 YEARS, S/O.VARGHESE, PLAVILA PUTHEN VEETIL, KOODAL MURI & VILLAGE, PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.SETHUNATH RESPONDENT(S)/COMPLAINANT/DEFACTO COMPLAINANT AND STATE: --------------- 1. RAJANI JOSE, AGED 34, W/O.JOSE VARGHESE, RESIDING AT KILITHATTIL HOUSE, NIRATHUPARA P.O., ELIKKODE MURI, KOODAL VILLAGE, PATHANAMTHITTA DISTRICT, PIN-689 693. 2. THE SUB INSPECTOR, KOODAL POLICE STATION, PIN-689 693. 3. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.PRAKASH KESAVAN FOR R1 PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA FOR R2 & R3 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.414 of 2011 -------------------------------------- Dated this the 21st day of February, 2011. ORDER Petitioner is accused in Crime No.353 of 2010 of Koodal Police Station for offence punishable under Section 498A of the Indian Penal Code. Case was registered on the strength of a complaint filed by respondent No.1 before learned Judicial First Class Magistrate-II, Pathanamthitta and forwarded to the Police for investigation under Section 156(3) of the Code of Criminal Procedure. Annexure-A1 is the FIR. Petitioner seeks to quash proceeding against him on the strength of a compromise reached with respondent No.1. I have heard learned counsel and the learned Public Prosecutor. The fact of settlement is confirmed by the counsel. Learned Public Prosecutor also submitted after getting instruction that the matter is settled between parties. 2. Offence alleged is purely personal to and between petitioner and respondent No.1. Annexure-A3 is the affidavit sworn by respondent No.1 stating that the dispute is settled. Since the matter is settled outside court it is not necessary to continue the proceeding. Hence I am inclined to allow this petition. Resultantly this petition is allowed. Annexure-A1, FIR in Crime No.353 of 2010 of Koodal Police Station and proceeding taken pursuant thereto against petitioner are quashed. THOMAS P.JOSEPH, Judge. cks