IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 5TH JUNE 2008 / 15TH JYAISHTA 1930 Mat.Appeal.No. 561 of 2007() ---------------------------- OP.241/2005 of FAMILY COURT, THODUPUZHA .................... APPELLANTS:RESPONDENTS: ---------------------------------------------- 1. SOJAN @ AUGUSTY, S/O.MATHEW, AGED 32 YEARS, RESIDING AT POTTANPLACKAL HOUSE, KUNNAM BHAGAM, MUTHALAKODAM P.O., THODUPUZHA TALUK. 2. ROSAMMA, W/O.MATHEW, AGED ABOUT 57 YEARS, RESIDING AT POTTANPLACKAL HOUSE, KUNNAM BHAGAM, MUTHALAKODAM P.O., THODUPUZHA TALUK. BY ADV. SRI.LIJI.J.VADAKEDOM RESPONDENT: PETITIONER: ------------------------------------------- JIJI @ ANNAMMA, D/O.JOSEPH, AGED 29 YEARS, RESIDING AT MUNDACKAPPILLIL HOUSE, KOKKARAKULAM BHAGAM, VAZHATHOPE KARA, IDUKKI DISTRICT. BY ADV. SRI.GEORGEKUTTY MATHEW FOR R1 SMT.SATHYASREE PRIYA(CONCILIATOR) THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 05/06/2008 ALONG WITH MA NO. 645 OF 2007 AND CRL.R.P.NO.1629 OF 2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B. Koshy & P.N.Ravindran, JJ. -------------------------------------- Mat.Appeal Nos.561 & 645 of 2007 and Crl.R.P.No.1629 of 2007 --------------------------------------- Dated this the 5th day of June, 2008 Judgment Koshy,J. Marriage between the appellant and first respondent in Mat. Appeal No. 561 of 2007 was solemnized on 13.7.2003, but, soon there were difficulties in their married life. Wife filed O.P.No.241 of 2005 for return of share amount, gold ornaments etc. Suit was decreed for Rs.92,736/-. Appeals are filed by both sides against that judgment and decree. Husband was found guilty in C.C.No.119 of 2005 for offence under section 498-A of the Indian Penal Code which was appealed in Crl. Appeal No.340 of 2006 and in Crl. R.P.No.1629 of 2007. When the Mat. Appeals were posted on 4.6.2008, both parties were present and they submitted that the matter will be settled. We directed them to file joint petition. Joint petition is filed today stating that the matter is settled. Main settlements are as follows: Mat.Appeal Nos. 561 & 645/2007 and Crl. R.P.No.1629/2007 2 "We, the 1st appellant and respondent hereby agreed to settle the above appeal and connected Mat. Appeal No.645/2007 along with M.C.No.42/06 on the file of the Family Court, Thodupuzha on condition that the 1st appellant will pay Rs.1,25,000/- to the respondent towards the full and final settlement of the claims ........... ........... It is agreed that the amount deposited by the 1st appellant before the Family Court, Thodupuzha as per the order in the above case can be withdrawn by the respondent immediately. The balance amount will be paid by the 1st appellant to the respondent through the counsel within one month from today." The above joint petition is signed by their respective advocates also. We are of the opinion that the settlement is just, fair and proper. Therefore, appeals are disposed of in terms of the above settlement. However, if the promised amount is not fully paid within the time stipulated, parties can bring that fact to the notice of this court. In view of the joint settlement, conviction and sentence passed by the trial court and confirmed by the appellate court needs interference. Complaint is arising out of matrimonial dispute. In view of the settlement, continuation of the criminal proceedings will not serve any purpose. In view of the peculiar facts of this case, if the amount promised is paid and memo filed to that effect before 30th June, 2008 before this court, the conviction and sentence Mat.Appeal Nos. 561 & 645/2007 and Crl. R.P.No.1629/2007 3 passed will stand set aside resulting in acquittal of the accused. If the amount is not paid, it will stand confirmed. Both the Mat. Appeals and Criminal R.P. are disposed of. J.B.Koshy Judge P.N.Ravindran Judge vaa Mat.Appeal Nos. 561 & 645/2007 and Crl. R.P.No.1629/2007 4 J.B. KOSHY AND P.N.RAVINDRAN,JJ. ------------------------------------- Mat.Appeal Nos.561 & 645 of 2007 and Crl.R.P.No.1629 of 2007 ------------------------------------- Judgment Dated:5th June, 2008