IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 27TH MAY 2011 / 6TH JYAISHTA 1933 Crl.MC.No. 974 of 2011() ------------------------------ OPHMA.92/2004 of ASSISTANT SESSIONS COURT, MAVELIKKARA .................... PETITIONER(S): ACCUSED ------------------------------- MADHU N.NAIR, S/O. V.NARAYANAN NAIR, AGED 45 YEARS, SOWBHAGA, A-23, TC 15/267, OPP. HEERA BLUE BELLS, ALTHARA NAGAR, VELLAYAMBALAM, THIRUVANANTHAPURAM-695 001. BY ADV. SRI.SREEKANTH S. NAIR RESPONDENT(S): STATE AND COMPLAINANT ---------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, MUSEUM POLICE STATION, THROUGH GOVERNMENT PLEADER, HIGH COURT OF KERALA, ERNAKULAM. 2. K.B.BINDU, D/O. LATE BHASKARAN NAIR, AGED 39 YEARS, SOWBHAGA, A-23, TC 15/267, OPP. HEERA BLUE BELLS, ALTHARA NAGAR, VELLAYAMBALAM, THIRUVANANTHAPURAM-695 001. R1 BY PUBLIC PROSECUTOR SRI.MANU R2 BY ADV. SRI.SYAM J SAM THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 27/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.974 of 2011 --------------------------------------- Dated this 27th day of May, 2011 ORDER Petitioner is accused in Crime No.728 of 2010 of Thiruvananthapuram Museum Police Station which is under investigation. The case was originally registered for offence punishable under Sec.309 of the Indian Penal Code (for short, "the IPC”) on the complaint of the second respondent, wife of petitioner. She alleged that she attempted to commit suicide unable to bear alleged cruelty of petitioner. It is submitted that in the course of investigation offence under Sec.309 of the IPC was deleted and Sec.498A of the IPC was included. Investigation is proceeding. The prayer in this criminal miscellaneous case is to quash Annexure-A5, report altering Sec.309 to 498A of the IPC. Petitioner and second respondent request this Court to quash proceeding on the strength of a settlement they have reached in the meantime. I have heard learned counsel for petitioner, second respondent and the learned Public Prosecutor. 2. Second respondent has sworn an affidavit before and attested by the Notary Public where it is stated that herself and petitioner are living together and that the dispute was settled in Crl.M.C.No.974 of 2011 -: 2 :- the presence of mediators. She has no further grievance or complaint against petitioner. Hence she has resolved to terminate all further proceeding against petitioner. In the circumstance she has no objection in quashing the FIR in Crime No.728 of 2010 referred above. 3. Learned counsel for petitioner and second respondent have confirmed the settlement. Learned counsel for second respondent has also confirmed the authenticity and genuineness of affidavit sworn by second respondent referred to above. It is seen from the affidavit that parties have settled the dispute. Since the dispute is personal to and between husband and wife, that dispute is settled and they are living together it is proper to terminate the proceeding to maintain the cordial relationship. Hence I am inclined to allow this petition. Resultantly this criminal miscellaneous case is allowed. FIR in Crime No.728 of 2010 of Thiruvananthapuram Museum Police Station and all proceeding taken pursuant to it against petitioner are quashed. (THOMAS P JOSEPH, JUDGE) Sbna/-