IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 1ST JUNE 2011 / 11TH JYAISHTA 1933 Crl.MC.No. 1590 of 2011() ------------------------------------ CRIME NO.1096/2008 OF THE PERINTHALMANNA POLICE STATION. CC.127/2009 of JUDICIAL FIRST CLASS MAGISTRATE COURT-I, PERINTHALMANNA. .................... PETITIONER(S): ACCUSED: ------------------------------------- ABDUL KHADER, KALANGADAN, S/O.ALAVI, AGED 34 YEARS, KOZHIPPILLY HOUSE, PUTHANAMGADI, ANGADIPPURAM P.O., PERINTHALMANNA. BY ADVS. SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENT(S): COMPLAINANT AND STATE: ------------------------------------------------------------------ 1. SAJNA, D/O.MUHAMMEDALI, AGED 27 YEARS, KERAYIL HOUSE, VYLONGARA, CHERAKKAPARAMBU P.O., ANGADIPPURAM, PERINTHALMANNA. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SMT.ANITHA RAVINDRAN R2 BY PUBLIC PROSECUTOR SRI.MANU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1590 of 2011 ==================================== Dated this the 01st day of June, 2011 O R D E R Petitioner is accused in Crime No.1096 of 2008 of Perinthalmanna Police Station for offences punishable under Section 498A, 406, 323 and 324 of the Indian Penal Code. That case was registered on the complaint of the first respondent, wife of petitioner. Police after investigation filed Annexure-2, final report before learned Judicial First Class Magistrate-I, Perinthalmanna. Learned Magistrate took the case on file as C.C. No.127 of 2010. Petitioner seeks to quash proceedings against him on the strength of an agreement executed between him through his mother and the first respondent where the terms of settlement are stated. I have heard learned counsel for petitioner, first respondent and learned Public Prosecutor. 2. First respondent has sworn an affidavit stating that the dispute is settled and that she has no objection in quashing proceeding against petitioner. Learned counsel for petitioner and first respondent confirmed authenticity and genuineness of Annexure-3, agreement. Learned counsel for first respondent has also confirmed authenticity and genuineness of the affidavit CRL.M.C. No.1590 of 2011 -: 2 :- sworn by the first respondent. Since the dispute is purely personal to and between petitioner and first respondent which is settled it is not necessary to continue the proceedings. Hence I am inclined to allow the petition. Resultantly, Criminal Miscellaneous Case is allowed. Final report in in Crime No.1096 of 2008 of Perinthalmanna Police Station, cognizance taken thereon and proceeding in C.C. No.127 of 2010 of the court of learned Judicial First Class Magistrate-I, Perinthalmanna against petitioner are quashed. THOMAS P. JOSEPH, JUDGE. Vsv “C.C. No.127/10” occurring in the 7th and 8th lines of first paragraph and in the 3rd and 4th lines of last paragraph of the order dated 1.6.2011 in Crl.M.C. No.1590/11 is corrected and substituted as “C.C. No.127/09” as per order dated 24.06.2011 in Crl. M.A. No.3815/11 in Crl. M.C. No.1590/11. Sd/- Registrar (Judicial) CRL.M.C. No.1590 of 2011 -: 3 :-