IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 11TH FEBRUARY 2011 / 22ND MAGHA 1932 CRL.MC.NO. 272 OF 2011() ------------------------ (CRIME NOS.1001 OF 2010, GANDHI NAGAR POLICE STATION, KOTTAYAM AND CRIME NO.773 OF 2010, MUSEUM POLICE STATION, THIRUVANANTHAPURAM) PETITIONER(S): ACCUSED -------------------------------------- K.BENOY THOMAS, S/O.K.P.THOMAS, AGED 43, 9/11, SUGANDH, BEHIND TTC, SASTHAMANGALAM BHAGAM, KOWDIAR P.O., THIRUVANANTHAPURAM-695003. BY ADV. SRI.C.V.BIMAL ROY SRI.C.A.CHACKO RESPONDENT(S): STATE/COMPLAINANT --------------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. MAYA THOMAS, W/O.K.BENOY THOMAS, AGED 36, SUGANDH, BEHIND TTC, SASTHAMANGALAM BHAGAM, KOWDIAR PO, THIRUVANANTHAPURAM-695003. BY PUBLIC PROSECUTOR SHRI K.J. MOHAMMED ANZAR R1 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.272 of 2011 ==================================== Dated this the 11th day of February, 2011 O R D E R Petitioner is accused in Crime No.1001 of 2010 of the Gandhi Nagar Police Station, Kottayam for offence punishable under Section 498A of the Indian Penal Coder registered on the information given by respondent No.2-wife of petitioner. FIR was filed in the court of learned Judicial First Class Magistrate Ettumanoor-I. Later the case was transferred to the Museum police station which re-registered the case as Crime No.773 of 2010 and submitted the FIR in the court of learned Chief Judicial Magistrate, Thiruvananthapuram. This petition is to quash proceeding against petitioner on the strength of a settlement reached between petitioner and respondent No.2. I have heard and counsel and the learned Public Prosecutor. Learned Public Prosecutor after getting instruction has confirmed the fact of settlement and submitted that police have recorded statement of respondent No.2 which is to the effect that she has settled the disputed with petitioner. Learned counsel submitted that pursuant to the settlement petitioner and respondent No.2 are living as husband and wife. CRL.M.C. No. 272 of 2011 -: 2 :- 2. Respondent No.2 has sworn an affidavit where it is stated that the matter is settled between herself and petitioner and she does not want to continue the proceeding against the petitioner. Since the matter is settled between the parties and they are living together it is necessary that proceeding against petitioner is quashed. Hence I am inclined to allow this petition. Resultantly, this Criminal Miscellaneous Case is allowed. Annexures-I and II, FIRs of the Gandhi Nagar and Museum Police Stations, respectively and all proceedings taken pursuant thereto against petitioner are quashed. THOMAS P. JOSEPH, JUDGE. vsv