IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 10TH MARCH 2011 / 19TH PHALGUNA 1932 Crl.MC.No. 685 of 2011() ----------------------------------- (CRIME NO.70/2007 OF KUNDARA POLICE STATION) ------------------------------- PETITIONER(S): ACCUSED AND DEFACTO COMPLAINANT ------------------------------------------------------------------------------------ 1. AJMAL KHAN S/O. ISMAIL, OLIKKAPANAYIL, KOOTIKKAL.P.O., KOTTAYAM. 2. SHAMNA, D/O. FATHIMUTHU, KETTIDATHIL VEEDU, CHANDANATHOPPU, KOTTAMKARA, KOLLAM. BY ADV. SRI.SUNNY ZACHARIA RESPONDENT(S) ------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.J. MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.685 of 2011 --------------------------------------- Dated this 10th day of March, 2011 ORDER This petition is preferred by the accused and the de facto complainant in Crime No.70 of 2007 of Kundara Police Station for offence punishable under Sec.498A of the Indian Penal Code. That case was registered on the complaint made by the second petitioner, wife of the first petitioner. Now parties have settled the dispute and do not want to proceed with the criminal prosecution. Learned counsel for petitioner submitted that cases pending in the Family Court are also settled. Second petitioner has sworn an affidavit the authenticity of which is confirmed by learned counsel for petitioners. In that affidavit it is stated that the matter is settled between the parties. I have heard learned Public Prosecutor also. 2. Since the offence is purely personal to and between the parties and the dispute has been settled between them it is not necessary to continue the proceeding in Crime No.70 of 2007. Resultantly this petition is allowed. The FIR in Crime No.70 of 2007 of Kundara Police Station and all proceeding pursuant thereto against the first petitioner/accused are quashed. (THOMAS P JOSEPH, JUDGE) Sbna/-