IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU MONDAY, THE 20TH AUGUST 2007 / 29TH SRAVANA 1929 Crl.MC.No. 4575 of 2003() ------------------------- CRIME NO.40/2000 OF KUNNAMKULAM POLICE STATION CC.1374/2002 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, KUNNAMKULAM .................... PETITIONER: IST ACCUSED ----------------------- ABDUL MANAF, S/O.ABDUL HAMEED, AMBALATH VEETTIL, KADAVIL HOUSE, ANJANGADI, CHAVAKKAD. BY ADV. SRI.RAJIT RESPONDENTS: COMPLAINANT --------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. 2. SUMAYYA, W/O.ABDUL MANAF, PARAKKAL HOUSE, PERUMBILAVU, KARIKKAD, P.O.THALAPPILLY TALUK, KARIKKAD VILLAGE, THRISSUR. BY PUBLIC PROSECUTOR SRI. BY ADV. SRI.A.SURESAN BY ADV. M.L.SURESH KUMAR FOR R2 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 20/08/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.R.UDAYABHANU, J ----------------------------------------- Crl.M.C.No.4575 of 2003 ----------------------------------------- Dated this the 20th day of August, 2007 O R D E R The petitioner who is the husband has sought for getting quashed the proceedings initiated against him in C.C.No.1374/02 in the court of JFCM, Kunnamkulam. The rest of the accused were acquitted vide order of the JFCM, Kunnamkulam in C.C.No. 491/2000. The defacto complainant had filed an affidavit before this court to the effect that the matter has been settled. It is submitted that right now they are residing together. In the circumstances, in view of the dictum in Joshi vs. State of Haryana (2003(2) KLT 1062) the proceedings pending as C.C.No.1374/02 in the court of JFCM, Kunnamkulam is herewith quashed. The Crl.M.C. is allowed. K.R.UDAYABHANU, JUDGE csl K.R.UDAYABHANU, J Crl.M.C.No.11683/2002 ORDER 7th August 2007