IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 21ST JUNE 2011 / 31ST JYAISHTA 1933 Crl.MC.No. 1850 of 2011() ------------------------------------ LP.6/2011 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KODUNGALLUR CRIME NO.591/2008 OF MATHILAKAM POLICE STATION. .................... PETITIONER(S): ACCUSED -------------------------------------- MADHU GOPAL, AGED 41 YEARS, S/O.A.R.GOPALAN, ARAYAMPARAMBIL HOUSE, CHULOOR P.O., EDATHURUTHY, KODUNGALOOR TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.V.PAULSON RESPONDENT(S): STATE AND DEFACTO COMPLAINANT --------------------------------------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, MATHILAKAM POLICE STATION, MATHILAKAM, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682 018. 2. JEENA, AGED 32 YEARS, D/O.KUMARAN, KATTIL HOUSE, MADAYIKONAM (PO), MUKUNDAPURAM TALUK, THRISSUR DISTRICT. R1 BY PUBLIC PROSECUTOR SRI.V.MANU. R2 BY ADVS. SMT.M.PRATHIBHA, SRI.P.P.BIJU . THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss CRMC. NO.1850/2011 APPENDIX PETITIONER'S ANNEXURES A1:- CERTIFIED COPY OF THE FIR IN CRIME NO.591/2008 OF MATHILAKAM POLICE STATION. A2:- CERTIFIED COPY OF THE FINAL REPORT . TRUE COPY P.A. TO JUDGE tss THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.1850 of 2011 -------------------------------------- Dated this the 21st day of June, 2011. ORDER Petitioner is accused in Crime No.591 of 2008 of Mathilakam Police Station and L.P.No.6 of 2011 of the court of learned Judicial First Class Magistrate, Kodungallur for offence punishable under Section 498A read with Section 34 of the Indian Penal Code. The case was registered on a complaint preferred by the second respondent. The Police after investigation submitted final report exonerating all accused other than petitioner. Learned Magistrate took the case on file against petitioner as C.C.No.795 of 2008. Since petitioner was not available the case is included in the Long Pending Register as L.P.No.6 of 2011. Now the parties have settled the dispute and accordingly petitioner requests to quash proceeding against him on the strength of that settlement. I have heard learned counsel for petitioner, second respondent and the learned Public Prosecutor. 2. Learned counsel for petitioner and second respondent have confirmed the settlement. Learned counsel for second respondent has confirmed authenticity and genuineness of the affidavit sworn by second respondent which states that the dispute is settled. Since the dispute is personal to and between petitioner and second respondent and the same is settled, I am inclined to allow the request. Crl.MC No.1850/2011 2 Resultantly this Criminal Miscellaneous Case is allowed. Final report in Crime No.591 of 2008 of Mathilakam Police Station, cognizance taken thereon and proceeding against petitioner in L.P.No.6 of 2011 of the court of learned Judicial First Class Magistrate, Kodungallur are quashed. THOMAS P.JOSEPH, Judge. cks