IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 1ST JUNE 2011 / 11TH JYAISHTA 1933 Crl.MC.No. 4592 of 2010() ------------------------------------ CC.NO. 214/2009 of CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM .................... PETITIONER(S)/ ACCUSED ----------------------------------------- 1. MATHEW JOSEPH ANTHRAPER, S/O. LATE JOSEPH ANTHRAPER, AGED 44 YEARS, 48/27, ELAMAKKARA ROAD, KOCHI-682 026. 2. ROSAMMA ANTHRAPER W/O.LATE JOSEPH ANTHRAPER, AGED 69 YEARS, 48/27, ELAMAKKARA ROAD, KOCHI-682026. BY ADVS. SRI.SHAJI P.CHALY SRI.S.GOPAKUMAR SRI.R.SANJITH RESPONDENT(S)/ COMPLAINANT ------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUNIL JOLLY, D/O. M.C.JOLLY, AGED 37 YEARS, H.NO.42/1969, M.C.BUILDINGS, VALAVI ROAD, COCHIN-18. R1 BY PUBLIC PROSECUTOR SRI.K.J. MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 01/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.4592 of 2010 --------------------------------------- Dated this 01st day of June, 2011 ORDER Petitioners are accused in Crime No.1285 of 2009 of Central Police Station, Ernakulam for offence punishable under Sec.498A r/w Sec.34 of the Indian Penal Code. That case was registered on a complaint preferred by the second respondent, wife of the first petitioner. Petitioners request to quash proceeding against them on the strength of a settlement reached with the second respondent. I have heard learned counsel for petitioners, second respondent and the learned Public Prosecutor. 2. Annexure-A2 is the joint petition signed by petitioners and second respondent. Annexure-A1 is the affidavit of second respondent. Learned counsel have confirmed the settlement and authenticity and genuineness of Annexures-A2 and A3. It is also stated that parties filed joint petition under the Special marriage Act as O.P.No.1980 of 2010 in the Family Court, Ernakulam for divorce and that application was allowed on 12.05.2011. Since the dispute is settled between the parties it is not necessary to continue the proceeding. Crl.M.C.No.4592 of 2010 -: 2 :- This criminal miscellaneous case is allowed. FIR in Crime No.1285 of 2009 of Central Police Station, Ernakulam, cognizance taken thereon and proceeding taken against petitioners in C.C.No.214 of 2009 of the Court of learned Chief Judicial Magistrate, Ernakulam are quashed. (THOMAS P JOSEPH, JUDGE) Sbna/-