IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 154 of 2011()
1. DEVADAS, ADIMAPARAMB VEETTIL,
... Petitioner
Vs
1. THE STATE OF KERALA,REPRESENTED BY
... Respondent
2. SHAJITHA, W/O.DEVADAS,
For Petitioner :SRI.V.C.MADHAVANKUTTY
For Respondent :SMT.M.SINDHU THANKAM
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :03/02/2011
O R D E R
THOMAS P. JOSEPH, J.
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Crl.M.C. No.154 of 2011
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Dated this the 3rd day of February, 2011.
ORDER
This petition is filed by the accused in Crime No.179 of 2004 of
Ernakulam Town North Police Station and C.C.No.403 of 2005 of the court of
learned Judicial First Class Magistrate-II, Ernakulam for offence punishable
under Section 498A of the Indian Penal Code. That was a case registered on a
complaint preferred by respondent No.2, wife of the petitioner. Petitioner seek to
quash proceedings against him on the strength of a settlement reached between
him and respondent No.2, the defacto complainant.
2. I have heard learned counsel for petitioner, respondent No.2 and
the learned Public Prosecutor.
3. As per the settlement between petitioner and respondent No.2,
husband and wife, they have decided to live together as before. This is
disclosed in the affidavit sworn by respondent No.2. Since the dispute between
the parties is amicably settled, petitioner and respondent No.2 are living
together as husband and wife and in view of settlement between the parties it is
not necessary to proceed with the prosecution and there is no possibility of
successful culmination of the prosecution, I am inclined to allow this petition.
Crl.MC No.154/2011
2
Resultantly this petition is allowed. Final report in Crime No.179 of 2004
of Ernakulam Town North Police Station, cognizance taken thereon and all
proceedings in C.C.No.403 of 2005 of the court of learned Judicial First Class
Magistrate-II, Ernakulam against petitioner will stand quashed.
THOMAS P.JOSEPH,
Judge.
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