IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 5TH OCTOBER 2009 / 13TH ASWINA 1931 Crl.MC.No. 3172 of 2009() ------------------------- CRIME NO.307/09 OF PAYYANNUR POLICE STATION PETITIONER(S): SOLE ACCUSED: ---------------------------- MRS.JAYALAKSHMI, AGED 40 YEARS, W/O.REMESH, RESIDING AT KELOTH PAYYANNUR, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.C.K.SREEJITH RESPONDENT(S): DEFACTO COMPLAINANT & STATE: ------------------------------------------- 1. T.V.LATHA, W/O.RAJENDRAN, AGED 39 YEARS, RESIDING AT KELOTH PAYYANNUR, TALIPARAMBA, KANNUR DISTRICT. 2. STATE OF KERALA, REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 3. S.H.O.PAYYANNUR POLICE STATION REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. R1 BY ADV.SRI.P.RAJESH PAYYANNUR R2 & R3 BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: uj. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 3172 OF 2009 =========================== Dated this the day of October,2009 ORDER Petitioner is the accused and first respondent the de facto complainant in Crime No.307/2009 of Payyannur Police Station registered for the offence under sections 454 and 380 of Indian Penal Code. This petition is filed under section 482 of Code of Criminal Procedure to quash the proceedings contending that entire disputes with the first respondent de facto complainant were settled amicably and in such circumstance it is not in the interest of justice to continue the prosecution. 2. First respondent appeared through a counsel and filed an affidavit stating that entire disputes is settled and the case happened to be registered based on a misunderstanding and the suspected stolen ornaments and the mobile phones were later recovered from the house itself and in such circumstance, she is not willing to proceed against the petitioner, who is the sister of her husband. 3. Learned counsel appearing for the petitioner, Crl.M.C.3172/2009 2 first respondent and learned Public Prosecutor were heard. 4. Annexure A1 F.I.R was registered based on Annexure A2 First Information Statement of the first respondent alleging that her gold ornaments and mobile phones were stolen. The affidavit filed by the first respondent establish that the alleged ornaments were recovered from the house, where the petitioner and the first respondent live together. The affidavit also establish that there was an amicable settlement of all the disputes between them. In such circumstance, it is not in the interest of justice to continue with the prosecution. Petition is allowed. Crime No.307/2009 on the file of Payyanur Police Station is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006