IN THE HIGH COURT OF KERALA AT ERNAKULAM Crl.MC.No. 295 of 2011() 1. P.K.RAVI, AGED 60 YEARS, ... Petitioner Vs 1. N.K.AISHA, AGED 50 YEARS, W/O. RAVI, ... Respondent 2. STATE OF KERALA, REPRESENTED BY THE For Petitioner :SMT.R.SUDHA For Respondent :SRI.P.HIRAN BOSE The Hon'ble MR. Justice THOMAS P.JOSEPH Dated :11/02/2011 O R D E R THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.295 of 2011 ==================================== Dated this the 11th day of February, 2011 O R D E R
Petitioner is accused in Crime No.707 of 2005 of the North
Paravur Police Station and C.C.No.140 of 2006 of the court of
learned Judicial First Class Magistrate-I, North Paravur for offence
punishable under Section 498A of the Indian Penal Code. Case is
that petitioner subjected respondent No.1 who is his wife to
cruelty demanding more ornaments and money. On the learned
Magistrate forwarding the complaint to the police, the latter
registered the case. Annexure-A2 is the FIR. Police submitted
final report alleging commission of offence as above stated.
Petitioner seeks to quash proceeding against him on the strength
of a compromise entered with the first respondent. I have heard
learned counsel and the learned Public Prosecutor. Learned Public
Prosecutor after getting instructions submitted that the matter is
settled between the parties and that they are now in a cordial
relationship. I have gone through the joint petition (Crl. M.A.
No.579 of 2011) filed by petitioner and respondent No.1 and
signed by their counsel. Respondent No.1 has sworn an affidavit
where it is stated that since the last 12 months petitioner and
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respondent No.1 are living as husband and wife and that the
entire dispute has been settled between them. In the light of that
statement I do not consider it necessary to allow the proceedings
to continue further. I am inclined to allow this petition.
Resultantly, this Criminal Miscellaneous Case is allowed.
Annexure-A2, final report in Crime No.707 of 2005 of North
Paravur Police Station, cognizance taken thereon and further
proceedings in C.C. No.140 of the court of learned Judicial First
Class Magistrate-I, North Paravur against petitioner are quashed.
THOMAS P. JOSEPH, JUDGE.
vsv