IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 4TH MAY 2010 / 14TH VAISAKHA 1932 Crl.MC.No. 1586 of 2010() ------------------------- CP.549/2009 of JUDL.MAGISTRATE OF FIRST CLASS-II, THAMARASSERY ARISING OUT OF CRIEM 185/09 OF THE KODUVALLY POLICE STATION, KOZHIKODE .................... PETITIONERS/ ACCUSED ---------------------- 1. NOUFAL, S/O.MUHAMMED, AGED 27 YEARS, ERUMOTH, VAVAD AMSOM DESOM, KOZHIKODE. 2. SAFFIYA, W/O. MUHAMMED, AGED 42 YEARS, ERUMOTH, VAVAD AMSOM DESOM, KOZHIKODE. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENTS/STATE & DE FACTO COMPLAINANT ------------------------------------------- 1. STATE OF KREALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. SHIFANA, D/O.KUNHAHAMMED, AGED 20 YEARS, KUNHIPARAMBATH, NIBRAS,MAYYANNUR, VILIAPPILLI, VATAKARA TALUK, KOZHIKODE DISTRICT. PUBLIC PROSECUTOR: SRI K M FIROZ THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH,J --------------------------------------- Crl.M.C.NO. 1586 OF 2010 ------------------------------------------ Dated this the 4th day of May, 2010. O R D E R Petitioners are the husband and mother in-law of respondent No.2 and accused in Crime No.185/09 of the Koduvally Police Station and C.C.No.549/09 of JFMC-I, Thamarassery for offences punishable under Sections 323, 406, 498(A) r/w Sec. 34 of the Penal Code. Respondent No.2 has filed certain other proceedings also before the Family Court concerned for maintenance, return of gold ornaments etc. It is submitted by learned counsel for petitioners and respondent No.2 that the parties have settled the disputes out of court. Annexure A-2 is the affidavit sworn by respondent No.2 stating about the settlement. In the circumstance, they want Annexure A-1, final report and all proceedings pursuant thereto pending in the court below to be quashed. I have heard learned counsel for petitioners, respondent No.2 2 and the learned Public Prosecutor appearing for respondent No.1. It is seen from Annexure A-2 that the parties have settled their disputes. Petitioner No.1 and respondent No.2 have decided to separate. Respondent No.2 is also to withdraw the cases pending before the Family Court. Dispute concerned family matters between petitioners and respondent No.2. Hence in the light of decision in Joshi v State of Hariyana (2003(2) KLT 1062) . I am inclined to allow this petition as continuance of the criminal proceeding will be a waste of time energy and money. Accordingly, this petition is allowed and Annexure A-1 final report and all proceedings in C.C.No.549/2009 of the court of learned JFM-I, Thamarassery will stand quashed. THOMAS P JOSEPH,JUDGE. pm