IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 22ND JUNE 2011 / 1ST ASHADHA 1933 Crl.MC.No. 1875 of 2011() ------------------------------------- CC.NO. 796/2010 of JUDL.MAGISTRATE OF FIRST CLASS COURT, TALIPARAMBA CRIME NO.291/2010 OF ALAKKODE POLICE STATION .................... PETITIONER(S): ACCUSED --------------------------------------- MUHAMMED KUTTY A.C., S/O.ABDUL SALAM, ARINJIRA HOUSE, KUNNUMKAI, EAST ELERI P.O., BHEEMANADI AMSOM, KASARAGOD. BY ADV. SRI.B.PREMNATH (E) RESPONDENT(S): STATE AND DEFACTO COMPLAINANT --------------------------------------------------------------------------------- 1. STATE OF KERALA, REP. BY THE STATION HOUSE OFFICER, ALAKKODE POLICE STATION, (REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SAMEERA, D/O.ABOOBACKER, OLIYANTAKATH HOUSE, MOONAMKUNNU, ALAKKODE AMSOM, KANNUR DISTRICT.PIN-670 001 R1 BY PUBLIC PROSECUTOR SRI.JAYASURYA R2 BY ADV. SRI.N.K.SUBRAMANIAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts CRMC.NO.1875/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX 1: COPY OF THE FIR IN CRIME NUMBER 291/2010. ANNEX II: COPY OF THE CHARGE SHEET DATED 30/9/2010(WITHOUT FINALREPORT) ANNEX III: COPY OF THE AGREEMENT BETWEEN THE PETITIONER AND THE 2ND RESPONDENT DATED 18/3/2011. ANNEX IV: COPY OF THE AFFIDAVIT OF THE 2ND RESPONDENT AND THE PETITIONER DATED 14/6/2011. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A.TO.JUDGE sts THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.1875 of 2011 --------------------------------------- Dated this 22nd day of June, 2011 ORDER Petitioner is accused in Crime No.291 of 2010 of Alakkode Police Station and C.C.No.796 of 2010 of the Court of learned Judicial First Class Magistrate, Taliparamba for offence punishable under Sec.498A of the Indian Penal Code. That case was registered on the complaint of second respondent. Parties have settled the dispute and accordingly requests to quash proceeding against petitioner. I have heard learned counsel for petitioner, second respondent and the learned Public Prosecutor. 2. Learned counsel on both sides confirmed that parties settled the dispute pursuant to an agreement reached between them (Annexure-III is the photocopy of the agreement). Learned counsel also confirmed authenticity and genuineness of Annexure-IV, affidavit sworn to by petitioner and second respondent. It is revealed that the dispute is settled. Hence I am inclined to allow this petition. Resultantly this criminal miscellaneous case is allowed. Proceeding against petitioner in C.C.No.796 of 2010 (Crime No.291 of 2010 of Alakkode Police Station) is quashed. (THOMAS P JOSEPH, JUDGE) Sbna/-