IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 8TH FEBRUARY 2011 / 19TH MAGHA 1932 CRL.MC.NO. 342 OF 2011() -------------------------------------- (CRIME NO.534 OF 2010 OF PAZYANGADI POLICE STATION) PETITIONER(S): COMPLAINANT --------------------------------------------- K.V.DIVYA, D/O.PADMANABHAN, KALATHILEVALAPPIL HOUSE, PULINGOME AMSOM, CHUNDA, TALIPARAMBU TALUK, KANNUR. BY ADV. SRI.M.V.AMARESAN RESPONDENT(S): ACCUSED/STATE ---------------------------- 1. KIRAN KUMAR, S/O.P.NARAYANI, MADAYI AMSOM DESOM, KANNUR TALUK, KANNUR. 2. NARAYANI, MADAYI AMSOM DESOM, KANNUR TALUK, KANNUR. 3. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.342 of 2011 ==================================== Dated this the 08th day of February, 2011 O R D E R Petitioner is the de facto complainant in Crime No.534 of 2010 (wrongly sated as 634 of 2010 in the petition) of Pazhayangadi Police Station. On the complaint preferred by her, the police registered a case against respondent Nos.1 and 2 for offences punishable under Sections 323 and 448 read with Section 34 of the Indian Penal Code. Annexure-AI is the FIR. In the meantime parties have settled the dispute between them. Annexure-AII is the agreement executed between petitioner and respondent No.1, husband and wife. In the light of that agreement petitioner-de facto complainant does not want to proceed with the case and seeks to annul the proceeding. I have heard learned counsel for petitioner, respondent Nos.1 and 2 and the learned Public Prosecutor. 2. In the light of Annexure-AII, agreement the de facto complainant herself has come forward to quash the proceedings against respondent Nos.1 and 2. Petitioner-de facto complainant is represented by counsel and he has confirmed the fact of CRL.M.C. No.342 of 2011 -: 2 :- settlement. Having regard to the agreement reached between the parties and since there is no possibility of the prosecution succeeding in the case I am inclined to allow this petition. Resultantly, Criminal Miscellaneous Case is allowed. Annexure-AI, FIR in Crime No.534 of 2010 of Pazhayangadi police station and proceeding pursuant thereto to the extent it concerned respondent Nos.1 and 2 are quashed. THOMAS P. JOSEPH, JUDGE. vsv