IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 10TH MARCH 2011 / 19TH PHALGUNA 1932 Crl.MC.No. 758 of 2011() ------------------------------------ C.C.298/2010 of CHIEF JUDICIAL MAGISTRATE, ALAPPUZHA DISTRICT .................... PETITIONER(S): ACCUSED -------------------------------------- SUNIL AGED 33 YEARS, S/O. MANIYAPPAN, V.V.GRAMAM COLONY, ARTHUNKAL ALAPPUZHA DISTRICT. BY ADV. SRI.K.RAMANATHAN RESPONDENT(S): COMPLAINANT (CW1) & STATE ------------------------------------------------------------------------ 1. USHA, AGED 26 YEARS, W/O. SUNIL, VELIYIL HOUSE, CHETTIKADU MURI, MARARIKKULAM SOUTH PANCHAYATH, WARD NO.7, ALAPUZHA-688 404. NOW RESIDING AT V.V.GRAMAM COLONY, ARHTUNKAL, ALAPPZHA-688 524. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R1 BY ADV. SRI.THOMAS JOSEPH R2 BY PUBLIC PROSECUTOR SRI. JAIBY PAUL THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.758 of 2011 --------------------------------------- Dated this 10th day of March, 2011 ORDER This petition is filed by the accused in Crime No.216 of 2009 of Alappuzha North Police Station and C.C.No.298 of 2010 of the Court of learned Chief Judicial Magistrate, Alappuzha to quash proceeding against him on the strength of a settlement reached with the first respondent, his wife. Based on the complaint of first respondent, police after investigation submitted Annexure-A2, final report for offence punishable under Secs.325 and 498A of the Indian Penal Code. Case is that petitioner, demanding more ornaments assaulted the first respondent and in the incident the first respondent lost two teeth. It is seen from Annexure-A3, affidavit of the first respondent that the matter is settled. I have heard learned counsel for petitioner, first respondent and the learned Public Prosecutor. 2. Learned counsel for first respondent has confirmed settlement and authenticity of affidavit sworn by the first respondent (Annexure-A3). Since the matter is settled between the parties it is not necessary to continue the proceeding. The offence is purely personal to and between petitioner and the first Crl.M.C.No.758 of 2011 -: 2 :- respondent. Hence I am inclined to allow this petition. Resultantly this criminal miscellaneous case is allowed. Final report in Crime No.216 of 2009 of Alappuzha North Police Station, cognizance taken thereon and proceeding in C.C.No.298 of 2010 of the Court of learned Chief Judicial Magistrate, Alappuzha against petitioner are quashed. (THOMAS P JOSEPH, JUDGE) Sbna/-