IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 13TH JANUARY 2011 / 23RD POUSHA 1932 Crl.MC.No. 4800 of 2010() ------------------------- CP.54/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, THRISSUR .................... (CRIME NO.517/2010 OF THRISSUR TOWN WEST POLICE STATION) ...... PETITIONER(S): ACCUSED: ------------------------------------------ SHANOJ.T.S., S/O.SIVAKRISHNAN, THARACKAL VEETTIL HOUSE, CHEMBUKAVU DESOM, THRISSUR TALUK, NOW RESIDING AT THARACKAL VEETTIL, NEAR KARTHYANI TEMPLE, AYYANTHOLE, THRISSUR. BY SRI.P.VIJAYA BHANU, SENIOR ADVOCATE, BY ADV. SRI.P.M.RAFIQ, SRI.V.C.SARATH. RESPONDENT(S): DEFACTO COMPLAINANT AND STATE: ------------------------------------------------------------------------------------ 1. ANU.K.S., D/O.SALIM, KALATHUPARAMBIL HOUSE, PERAMANGALAM DESOM, VILLAGE, THRISSUR TALUK, NOW RESIDING AT NEAR KARTHYANI TEMPLE, AYYANTHOLE, THRISSUR - 680 001. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SMT.M.M.DEEPA R2 BY PUBLIC PROSECUTOR SRI. SABU SREEDHARAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.4800 of 2010 -------------------------------------- Dated this the 13th day of January, 2011. ORDER This petition is filed by the accused in Crime No.517 of 2010 of Thrissur Town West Police Station and C.P.No.54 of 2010 of the court of learned Judicial First Class Magistrate-II, Thrissur. Respondent No.1 filed a private complaint for offences punishable under Sections 493, 496 and 376 of the Indian Penal Code. That complaint was sent to the police for investigation under Section 156(3) of the Code of Criminal Procedure (for short, “the Code”). The police after investigation submitted final report against petitioner for the offences above stated. Case is that making respondent No.1 believe that he is legally marrying her, he performed certain ceremonies, tied thali on respondent No.1 at the S.N.D.P. Temple and making her believe that she is his legally wedded wife, had sexual intercourse with her and thus committed the said offences. 2. Parties have settled the dispute among them and respondent No.1 has filed an affidavit (Annexure-C) stating that the dispute is settled in mediation and that she has no complaint against petitioner. 3. It is seen from the records placed before me that petitioner filed O.P.No.1680 of 2008 in the family court for a declaration that his marriage with respondent No.1 is null and void and the Family Court passed Annexure-B, order dated 03.07.2010. It is seen from Annexure-B, order that respondent No.1 Crl.M.C.No.4800/2010 2 practically admitted the allegations made by petitioner in the Original Petition and stated that she has no objection in allowing the petition. Accordingly that petition was allowed. I have heard learned counsel for petitioner, respondent No.1 and the Public Prosecutor. 4. In the light of above and Annexure-C, affidavit I am inclined to think that parties have settled the dispute among them. In view of that, there is no possibility of prosecution having a successful termination if at all it proceed further. The offence is personal and concerning respondent No.1. In the circumstances I am inclined to allow this petition. Resultantly this petition is allowed and Annexure-A, final report in Crime No.517 of 2010 of Town West Police Station, Thrissur and all further proceedings in C.P.No.54 of 2010 of the court of learned Judicial First Class Magistrate-II, Thrissur are quashed. Crl.M.A.No.7778 of 2010 will stand dismissed. THOMAS P.JOSEPH, Judge. cks