IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 29TH MARCH 2011 / 8TH CHAITHRA 1933 Crl.MC.No. 4781 of 2010() ------------------------------------ C.P.NO.92/2010 OF JUDICAL FIRST CLASS MAGISTRATE COURT , CHALAKUDY CRIME NO.333/2009 OF VELLIKULANGARA POLICE STATION ---------------------------- PETITIONER(S): ACCUSED --------------------------------------- CHANDRAN, S/O.MANI, AGED 53 YEARS, VETTIYATTIL HOUSE, PLANT OPERATOR, MALABAR CEMENTS, VALAYAR - PALAKKAD. BY ADV. SRI.JIJO PAUL RESPONDENT(S): STATE AND DEFACTO COMPLAINANT --------------------------------------------------------------------------------- 1. THE STATE OF KERALA, REP. BY SUB INSPECTOR OF POLICE, VELLIKULANGARA POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. USHA, D/O.VELAYUDHAN, AGED 44 YEARS, MANJOOKADAN HOUSE, MUPLIYAM VILLAGE, MUPLIYAM P.O., THRISSUR DISTRICT, PIN - 680 312. R1 BY PUBLIC PROSECUTOR SRI.K.J.MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.4781 of 2010 --------------------------------------- Dated this 29th day of March, 2011 ORDER Petitioner is accused in Crime No.333 of 2009 of Vellikulangara Police Station and C.P.No.92 of 2010 of the Court of learned Judicial First Class Magistrate, Chalakudy for offences punishable under Secs.494, 495, 375(4), 376, 498A and 420 of the Indian Penal Code. Annexure-C is the final report in the case. Case is that petitioner who is already married and when that marital relationship subsisted, induced the second respondent to marry him suppressing the earlier marriage, with fraudulent intention married her on 19.03.1999 and making her believe that she is his lawful wife had sexual intercourse with her and committed offences as alleged. Petitioner seeks to quash proceeding against him on the strength of a settlement reached with the second respondent. 2. The second respondent has appeared through counsel and has sworn an affidavit (Annexure-D) stating that the dispute with petitioner is settled and that she has no objection in this Court quashing proceeding against petitioner. Crl.M.C.No.4781 of 2010 -: 2 :- 3. I have heard learned counsel and the learned Public Prosecutor. Learned Public Prosecutor submitted that since petitioner was absconding a final report showing him to be absconding has been filed. 4. Learned counsel for petitioner submits that as part of the settlement referred above, the second respondent has withdrawn proceedings she had initiated before the Family Court, Thrissur. It is also submitted that as part of the settlement petitioner has assigned a portion of his property to the second respondent as per document Nos.1241 and 1246 of 2010 of SRO, Kodaly. Learned counsel submits that petitioner has voluntarily executed the said assignment deeds and has no grievance or complaint against execution of the assignment deeds or the second respondent owning and enjoying the properties covered by the said documents. 5. Since the matter is settled between parties as above stated and success of the prosecution depends much on the evidence that second respondent may give in Court, I am persuaded to think that in view of the settlement the possibility of a successful prosecution is bleak. Moreover, dispute being personal to and between petitioner and second respondent and Crl.M.C.No.4781 of 2010 -: 3 :- that dispute having been settled and as submitted by the learned counsel, petitioner having assigned some of his property to the second respondent I am inclined to allow the request. Resultantly this criminal miscellaneous case is allowed and Annexure-C, final report in Crime No.333 of 2009 of Vellikulangara Police Station, cognizance taken thereon and proceeding against petitioner in C.P.No.92 of 2010 of the Court of learned Judicial First Class Magistrate, Chalakkudy are quashed. (THOMAS P JOSEPH, JUDGE) Sbna/-