IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 26TH SEPTEMBER 2011 / 4TH ASWINA 1933 Crl.MC.No. 3255 of 2011() ------------------------- CC.10/2011 of CHIEF JUDICIAL MAGISTRATE COURT, MANJERI .................... PETITIONER(S): DEFACTO COMPLAINANT ---------------------------------- KHYRUNNISSA, D/O.MAYIN HAJI, NARIKKODAN HOUSE, PALAKKA PARAMBA, KAVANNOOR AMSOM, DESOM, AREACODE VIA, MALAPPURAM DISTRICT, ERNAD TALUK. BY ADV. SRI.K.SHIBILI NAHA RESPONDENT(S): STATE AND ACCUSED -------------------------------- 1. STATE OF KERALA, REPRESENTED BY G A.S.I.OF POLICE, AREACODE POLICE STATION, THROUGH PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. MUHAMMED SHAFI.C., S/O.MOIDU HAJI, CHEMMUKKAN HOUSE, P.O.KOTTAKKAL-676 503, MALAPPURAM DISTRICT. BY PUBLIC PROSECUTOR SRI.I.V.PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 3255 of 2011() APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A : COPY OF THE FIR IN CRIME NO.166/2010 OF VENGARA POLICE STATION. ANNEXURE B: COPY OF THE NOTARIZED AGREEMENT EXECUTED BETWEEN THE PETITIONER AND THE 2ND RESPONDENT DTD.4.7.2011 AND PRODUCED BEFORE THE FAMILY COURT, MALAPPURAM ANNEXURE C : COPY OF THE AFFIDAVIT SWON BY THE PETITIONER AND DULY ATTESTED BY THE COUNSEL DTD.20.8.2011 RESPONDENT'S ANNEXURES: NIL //TRUE COPY// P.A TO JUDGE ab N.K.BALAKRISHNAN, J --------------------------------------- Crl.M.C No.3255 of 2011 ---------------------------------------- Dated this the 26th day of September, 2011. O R D E R The defacto complainant in Crime No.398/2010, which is the subject matter of C.C.No.10/2011 before the Chief Judicial Magistrate Court, Manjeri, is the petitioner. The complaint was filed under Section 498A IPC against the 2nd respondent herein. 2. Learned counsel for the petitioner submits that all the cases are amicably settled between the parties and one case pending before the Family Court, Malappuram has already been settled and disposed of. Annexure B is the agreement as per which the parties have settled the matter. In the light of the settlement arrived at, the petitioner submits that she does not want to prosecute the mater and the aforesaid case may be quashed. It is a matrimonial dispute. Since it has been settled the complainant herself has come forward with this petition to quash the further proceedings. Hence it is to be allowed. Crl.M.C No.3255 of 2011 2 In the light result this Crl.M.C is allowed. The further proceedings in C.C.No.10/2011 on the file of Chief Judicial Magistrate Court, Manjeri is quashed. N.K.BALAKRISHNAN JUDGE ab Crl.M.C No.3255 of 2011 3