IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 27TH JANUARY 2011 / 7TH MAGHA 1932 Crl.MC.No. 258 of 2011 ------------------------ (FIR No. 82 of 2010 OF THE MEDICAL COLLEGE POLICE STATION, KOZHIKODE.) PETITIONERS/ACCUSED & COMPLAINANT: ---------------------------------------------- 1. O.K.SAJEEV, AGED 37 YEARS, SON OF GOPINATHAN, KUNATH HOUSE, KARANTHUR P.O., KOZHIKODE. 2. A.P.BABY, AGED 30 YEARS, DAUGHTER OF BALAKRISHNAN, SREELAKSHMI, P.O.KOTTOOLI, KOZHIKODE. BY ADV. SRI.JACOB ABRAHAM SMT.KOCHUMOL KODUVATH RESPONDENT/STATE: --------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, MEDICAL COLLEGE POLICE STATION, KOZHIKODE. BY PUBLIC PROSECUTOR ADV. SMT. M.K. PUSHPALATHA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.258 of 2011 -------------------------------------- Dated this the 27th day of January, 2011. ORDER This petition is filed by the hitherto estranged husband and wife, jointly seeking to quash proceedings in Crime No.82 of 2010 of Medical College Police Station, Kozhikode. Petitioner No.2/wife filed C.M.P.No.847 of 2010 in the court of learned Judicial First Class Magistrate, Kunnamangalam for offences punishable under Sections 406 and 498A, 323 and 506(ii) of the Indian Penal Code. Complaint was forwarded to the Police for investigation under Section 156 (3) of Code of Criminal Procedure (for short, “the Code”). Investigation of the case is going on. In the meantime petitioners settled the dispute between them and have accordingly filed a joint application in the Family Court, Kozhikode under Section 13B of the Hindu Marriage Act seeking divorce. As part of the settlement, they have decided to bury their dispute. Annexures-2 and 3 are affidavits sworn to by petitioner Nos.2 and 1, respectively where it is stated that the dispute is settled. Learned counsel has filed his vakalath for petitioner Nos.1 and 2 and as such, there is no reason to doubt identity of petitioner No.2. 2. The offence alleged to have been committed is personal to and between petitioners. They have already reached a settlement and decided to separate. Having regard to the circumstances stated I am inclined to allow this petition. Crl.MC No.258/2011 2 Resultantly this petition is allowed and Annexure-1, FIR in Crime No.82 of 2010 of the Medical College Police Station, Kozhikode and further proceedings thereon will stand quashed against petitioner No.1. THOMAS P.JOSEPH, Judge. cks