IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 11TH FEBRUARY 2011 / 22ND MAGHA 1932 Crl.MC.No. 364 of 2011() ------------------------ CC.810/2010 of JUDICIAL FIRST CLASS MAGISTRATE COURT, WADAKKANCHERY CRIME NO.442/2010 OF ERUMAPETTY POLICESTATION .................... PETITIONER(S): ACCUSED ---------------------- FARISH.P.A,AGED 30 YEARS, S/O.MOHAMMEDUNNI.P.A, PULIKUNNATH HOUSE, EDAKAZHIYOOR PO,CHAVAKKAD TALUK,THRISSUR DISTRICT. BY ADV. SRI.RAJIT RESPONDENT(S): STATE/COMPLAINANT -------------------------------- 1. STATE OF KERALA,REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM. 2. SOUDHA,AGED 21 YEARS, D/O.MOIDUNNY,PARAPPURATHU HOUSE, THALI PO,VARAVOOR TRICHUR VILLAGE,THRISSUR DISTRICT-680585. PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA FOR R1 ADV. SHRI K.M.SATHYANATHA MENON FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.364 of 2011 -------------------------------------- Dated this the 11th day of February, 2011. ORDER This petition is to quash proceedings in C.C.No.810 of 2010 of the court of learned Judicial First Class Magistrate, Wadakkanchery. On the complaint of respondent No.2, the wife Erumapetty Police registered Crime No.442 of 2010 against petitioner, her husband for offences punishable under Sections 341, 323, 406, 498A and 506(i) of the Indian Penal Code. Respondent No.2 alleged that she was subjected to cruelty demanding more ornaments and money, assaulted, her ornaments, money and vehicle were misappropriated by the petitioner and he committed offences as alleged. It is submitted that the matter has now been settled between the parties. Annexure-D is the affidavit sworn by respondent No.2 stating that she has settled the matter with petitioner. 2. I have heard learned counsel for petitioner, respondent No.2 and the learned Public Prosecutor. Learned counsel for respondent No.2 has confirmed the fact of settlement. Learned Public Prosecutor also after getting instruction submits that parties have settled dispute among them. Crl.MC No.364/2011 2 3. Since dispute arose between the husband and wife, that has been settled and as part of settlement petitioner has pronounced thalaq on respondent No.2 and they are living separately, I am inclined to think that it is not necessary to pursue the prosecution. Hence I am inclined to allow this petition. Resultantly this petition is allowed. The final report in Crime No.442 of 2010 of Erumapetty Police Station, cognizance taken thereon and proceedings in C.C.No.810 of 2010 of the court of learned Judicial First Class Magistrate, Wadakkanchery against petitioner are quashed. THOMAS P.JOSEPH, Judge. cks