IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 7TH APRIL 2011 / 17TH CHAITHRA 1933 Crl.MC.No. 1166 of 2011() -------------------------------------- CRIME NO.440/2011 OF HILL PALACE POLICE STATION. ........ PETITIONER(S): ACCUSED ------------------------------------- A.B.HARIHARAN,AGED 52 YEARS, S/O.A.K.BHASKARAN,AYYANGATHU HOUSE, JAWAHAR ROAD, POONITHURA. BY ADV. SRI.C.P.UDAYABHANU RESPONDENT(S): COMPLAINANT ------------------------------------------------ 1. M.P.HONEY,AGED 47 YEARS,D/O.PAVITHRAN, HONEY COTTAGE,NARAYAMBALAM,ERNAKULAM. 2. STATE OF KERALA,REPRESENTED,BY THE S.I. OF POLICE,MULANTHURUTHY POLICE STATION,(CRIME NO. 431/2010),REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. R2 BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1166 of 2011 ==================================== Dated this the 07th day of April, 2011 O R D E R Petitioner is accused in Crime No.440 of 2011 of Hill Palace Police Station for offence punishable under Sections 498A of the Indian Penal Code. That case was registered on a complaint preferred by the first respondent, wife of petitioner. Annexure-I is the FIR and Annexure-I(a) is the statement of the first respondent based on which the case was registered. Petitioner requests this Court to quash proceeding against him on the strength of a settlement with the first respondent. I have heard learned counsel for petitioner, first respondent and the learned Public Prosecutor. Learned counsel on either side confirmed the settlement and authenticity of Annexure-II, affidavit of the first respondent. Affidavit of the first respondent states that parties have settled the dispute and accordingly they have filed a joint petition for divorce. Now that parties have settled the dispute which is personal to and between them I am inclined to think that there is no necessity to continue the proceeding. Hence I am inclined to allow this Crl. M.C. Resultantly, Criminal Miscellaneous Case is allowed. CRL.M.C. No. 1166 of 2011 -: 2 :- Annexure-I, FIR in Crime No.440 of 2011 of Hill Palace Police Station and all proceeding pursuant thereto against petitioner are quashed. THOMAS P. JOSEPH, JUDGE. vsv