Nisha v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID WEDNESDAY, THE 9TH DAY OF SEPTEMBER 2015/18TH BHADRA, 1937 Crl.MC.No. 5758 of 2015 () --------------------------- CC 469/2014 of JUDICIAL FIRST CLASS MAGISTRATE COURT, WADAKKANCHERRY CRIME NO. 642/2011 OF WADAKKANCHERY POLICE STATION, TRISSUR DISTRICT ==================== PETITIONERS/DEFACTO COMPLAINANT & ACCUSED:

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1. NISHA, AGED 27 YEARS, D/O.VIJAYAN AND W/O.BABU THEKKOTT HOUSE, MANALITHARA VADAKKANCHERY, THALAPPILLY TALUK, THRISSUR DISTRICT.

2. BABU, AGED 38 YEARS, S/O.SUKUMARAN CHERUKUNNATHU HOUSE, KUTTENCHERY ERUMAPETTY P.O., NELLUVAI VILLAGE, THALAPPILLY TALUK THRISSUR DISTRICT.

BY ADV. SRI.RAJIT RESPONDENT/STATE:

------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682 031.

BY PUBLIC PROSECUTOR SRI. JUSTIN JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 5758 of 2015 () APPENDIX PETITIONERS' EXHIBITS ------------------------------------ ANNEXURE-A. TRUE COPY OF THE FIR REGISTERED BY THE VADAKKANCHERY POLICE IN CRIME NO.642/2011.

ANNEXURE-B. TRUE COPY OF THE FINAL REPORT FILED BY THE VADAKKANCHERY POLICE IN CRIME NO.642/2011.

ANNEXURE-C. TRUE COPY OF THE SETTLEMENT ARRIVED AS BETWEEN THE PETITIONERS DURING THE MEDITATION BEFORE THE FAMILY COURT, THRISSUR.

RESPONDENT'S EXHIBITS -------------------------------------- NIL TRUE COPY P.A. TO JUDGE SD

P. UBAID, J.

--------------------------------------- Crl.M.C.No.5758 of 2015 --------------------------------------- Dated this the 9th day of September, 2015

O R D E R

The defacto complainant and the accused in a prosecution involving the offence under Section 498A IPC jointly seek orders quashing the said prosecution on the ground of amicable settlement. The proceedings reveal that they have re-united and now they are leading a very happy matrimony. In such a situation, continuance of the prosecution will cause embarrassment and may create problems in matrimony. It may even defile their present happy matrimony. It is appropriate that the prosecution be quashed in such a situation. In the result, this petition is allowed. The prosecution against the 2nd petitioner in C.C.No.469/2014, which now stands transferred to the register of long pending cases as L.P.No.44/2014 before the Judicial First Class Magistrate Court, Wadakkanchery will stand quashed under Section 482 Cr.P.C. Sd/- P. UBAID, JUDGE sd