IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 24TH JUNE 2011 / 3RD ASHADHA 1933 Crl.MC.No. 1909 of 2011() ------------------------------- CC.184/2005 of JUDL.MAGISTRATE OF FIRST CLASS-I, CHERTHALA .................... PETITIONER(S): ACCUSED ------------------------------- AMBAREESH, AGED 43 YEARS, S/O KESAVAN, RESIDING AT EDAKKULATHIL HOUSE, WARD 12, VAYALAR PANCHAYAT, CHERTHALA. BY ADVS. SRI.P.KRISHNA KUMAR (ALAPPUZHA) SRI.SUNIL J.CHAKKALACKAL SRI.NAVIN M.EASOW RESPONDENT(S): DEFACTO-COMPLAINANT -------------------------------------------------- 1. THE STATE OF KERALA, REP. BY S.I. OF POLICE CHERTHALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. ANITHA.S, AGED 36 YEARS, D/O PADMANABHAN, NARANATHU, THURAVOOR P.O., CHERTHALA-688532. R2 BY ADV. SRI.C.A.CHACKO THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs CRMC.NO.1909/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE 1:COPY OF THE JUDGMENT IN C.C. NO.184/2005 OF JUDICIAL FIRST CLASS MAGISTRATE COURT - I, CHERTHALA. ANNEXURE 2:THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT STATING COMPROMISE DATED 15/06/2011. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A. TO JUDGE. svs THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1909 of 2011 ==================================== Dated this the 24th day of June, 2011 O R D E R Petitioner is the first accused in Crime No.566 of 2004 of Cherthala Police Station and C.C. No.184 of 2005 of the court of learned Judicial First Class Magistrate-I, Cherthala. Petitioner, along with the second accused faced trial for offence punishable under Section 498A read with Section 34 of the Indian penal Code. Learned Magistrate, as per Annexure-1, judgment dated February 17, 2010 found petitioner guilty, convicted and sentenced him to undergo imprisonment till rising of the court and payment of compensation of Rs.10,000/-. The second accused was acquitted. Petitioner filed Crl. Appeal No.140 of 2010 in the court of learned Additional Sessions Judge, Alappuzha which is pending. In the meantime petitioner settled the dispute with the second respondent. Prayer in this petition is to quash conviction and sentence. Annexure 2 is the affidavit of the second respondent which is attested by a Notary Public. I have heard learned counsel for petitioner, second respondent and the learned Public CRL.M.C. No. 1909 of 2011 -: 2 :- Prosecutor. Counsel on both sides confirmed the settlement. Learned counsel for second respondent confirmed authenticity and genuineness of Annexure-2, affidavit. It is revealed from Annexure-2, affidavit that the dispute is settled between parties. Second respondent has stated in the affidavit that claims relating to the property and maintenance are also settled and herself and petitioner have filed a compromise petition before the Family Court, Alappuzha and the second respondent has obtained divorce from petitioner. In the circumstances she has no objection in quashing proceeding against petitioner. 2. This Court in Biju Eappan v. State of Kerala (2010 [1] KLT 289) held that pursuant to settlement of the case involving Sec.498A of the IPC it is within the power of this Court under Section 482 of the Code of Criminal Procedure to quash conviction and sentence. Having regard to the circumstances stated I am inclined to allow this petition. Resultantly, Criminal Miscellaneous Case is allowed. Conviction and sentence on petitioner in C.C. No.184 of 2005 of the court of learned Judicial First Class Magistrate-I, Cherthala for offence under Sec.498A of the IPC entered as per Annexure-1, judgment dated February 17, 2010 are quashed. Consequently, CRL.M.C. No. 1909 of 2011 -: 3 :- learned Additional Sessions Judge, Alappuzha is directed to close Criminal Appeal No.140 of 2010. THOMAS P. JOSEPH, JUDGE. vsv